MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           6 November 2003    
		DOCKET NUMBER:  AR2003089706

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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:  Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge.

APPLICANT STATES:  That in October 1951, while assigned to Company I, 23rd Regimental Combat Team of the 2nd Infantry Division, he earned the Combat Infantryman Badge carrying wounded off of Heartbreak Ridge in Korea.  In support of his application, he submits a letter of explanation, dated 15 April 2003, and a copy of his DD Form 214.   

EVIDENCE OF RECORD:  The applicant's military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the DD Form 214 and limited medical records.   

The applicant's reconstructed records show the applicant enlisted on 27 January 1951 for a period of 3 years.  His DD Form 214 shows that he served in military occupational specialty 1576 (flash ranging chief) in Korea, that his branch of service was artillery as reflected in item 4 (Component and Branch or Class), and that his most significant duty assignment was Battery A of the 529th Field Artillery Battalion.  On 30 December 1953, the applicant was honorably discharged.

The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

There are no orders for the Combat Infantryman Badge in the available records.

Based on the applicant's claim, the historical files of Company I, 23rd Regiment of the 2nd Infantry Division located at the National Archives in College Park, Maryland, were reviewed and failed to identify the applicant as being entitled to award of the Combat Infantryman Badge.   

Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Evidence of record shows the applicant was an artilleryman who served as a flash ranging chief assigned to an artillery unit in Korea.  There is no evidence of record which shows the applicant was an infantryman who served in an infantry military occupational specialty or served in active ground combat while an assigned member of an infantry unit in Korea.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  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

SK_____  RJW____  MMB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003089706	
SUFFIX		
RECON		
DATE BOARDED	20031106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.