MEMORANDUM OF CONSIDERATION

	IN THE CASE OF  .

	BOARD DATE:            14 August 2003                  
	DOCKET NUMBER:    AR2003087519

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be awarded the Korean Defense Service Medal (KDSM), United Nations Service Medal (UNSM), Korean Service Medal (KSM), and the second award of the Combat Infantryman Badge (CIB).  

APPLICANT STATES:  In effect, he is requesting awards to which he believes he is entitled based on his service in Korea between 1972 and 1973 as a result of the President signing the Korean Defense Act.  He claims that he should receive a second award of the CIB based on his having come under fire while serving with the 2nd Infantry Division in Korea in 1972.  Included with his application is a volunteer statement for his return to active duty in the event of War.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 29 February 1984, he was honorably released from active duty (REFRAD)
 for the purpose of length of service retirement.  At the time, he had completed
20 years, 7 months, and 12 days of active military service.  He held the rank 
of first sergeant (1SG) and the military occupational specialty (MOS) 11B (Infantryman).  

The applicant’s record shows that he earned the following awards during his tenure on active duty:  Vietnam Service Medal with 4 bronze service stars; Parachutist Badge; Republic of Vietnam Campaign Medal; Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; National Defense Service Medal; Armed Forces Expeditionary Medal (AFEM); CIB; Army Service Ribbon; Overseas Service Ribbon with Numeral 2; Noncommissioned Officer Professional Development Ribbon with Numeral 1; Army Commendation Medal 1st Oak Leaf Cluster; Meritorious Service Medal; Army Good Conduct Medal (6th Award); and Expert Marksmanship Qualification Badge with Rifle Bar.  

The applicant’s Personnel Qualification Record (DA Form 2-1) record shows that he completed overseas tours in Vietnam, Korea, and three tours in Germany during his tenure on active duty.  He served in Korea with the 2nd Infantry Division from 27 July 1972 through 21 August 1973.  

The Total Army Personnel Command (PERSCOM) Awards Branch web site contains a list of awards issued since the Cold War.  This list indicates that the only award authorized for service in Korea during the period between 1 October 1966 and 30 June 1974 was the AFEM.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 5-8 contains guidance on awarding the KSM.  It states, in pertinent part, that it is awarded for service in Korea or adjacent areas during the period 27 June 1950 through 27 July 1954.  

Paragraph 8-6 of the awards regulation contains guidance on awarding the CIB.  Paragraph 8-6c contains eligibility requirements and it states, in effect, that there are three basic eligibility requirements that must be met to receive the CIB.  First, a soldier must hold an infantry MOS.  Second, the soldier must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and third, the soldier must have been personally present while serving in an assigned infantry primary duty while the qualifying unit was actively engaged in ground combat with the enemy.  It further indicates, in pertinent part, that subsequent awards of the CIB have been authorized for qualified soldiers who served during the Korean Conflict during the period 
27 June 1950 to 27 July 1953, and in Korea on the DMZ after 4 January 1969.

Paragraph 9-12 contains guidance on the UNSM.  It states, in pertinent part, that to qualify for the award individuals must have been dispatched to Korea or adjacent areas for service on behalf of the United Nations action in Korea during the period between 27 June 1950 and 27 July 1954.

The KDSM was just recently approved as part of the Fiscal Year 2003 Defense Authorization Act, and it has not yet been designed or funded.  The instructions for issuance and wear of this award also have not been completed.  The agency responsible for completing these actions estimates that it could take up to one year before those eligible for this award will begin to receive it.  Once it is ready for issue, the Army will publicize information regarding how to request it and how it will be issued.  Specific instructions will appear on the Internet, in official publications, and in the magazines published by veteran service organizations.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contention that as a result of the President signing the Korean Defense Act, his records should be upgraded to add the KDSM, UNSM, KSM, and 2nd award of the CIB based on his service in Korea.  

2.  The Board carefully considered the applicant’s claim of entitlement to second award of the CIB based on his service in Korea.  However, although his record confirms he served in Korea in an infantry MOS with a qualifying infantry unit, there is no evidence to show that the unit he was assigned to was actively engaged in active ground combat, or that he was personally while the qualifying unit was actively engaged in ground combat with a hostile force.  Thus, the Board finds insufficient evidence to support award of second CIB at this time.  

3.  The Board also reviewed the applicant’s record to determine if he was entitled to any awards based on his service in Korea.  Other than the KDSM that has not yet been designed or funded, the only service award to which the applicant is entitled based on his service in Korea is the AFEM, which he has already been awarded.  

4.  The Board notes that the applicant added a statement volunteering for recall to active duty in the event of war.  The applicant is advised that it is not within the purview of the Board to conduct voluntary recall actions.  Thus, the Board has not and will not act on this request.  The applicant should contact the appropriate retiree activity officials at the Army Reserve Personnel Command, St. Louis, Missouri, to clarify the procedures for voluntary recall to active duty, and to determine his eligibility to participate in such a program.  

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  _____  GRANT

________  ______________  GRANT FORMAL HEARING

__JA___  ___LB__  __RO_    DENY APPLICATION

	Carl W. S. Chun
		    Director, Army Board for Correction
of Military Records

INDEX

CASE ID	AR2003087519	
SUFFIX		
RECON		
DATE BOARDED	2003/08/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1984/02/29	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Retirement	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.