RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  2 March 2004
	DOCKET NUMBER:  AR2003091814

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

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Robert Duecaster		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that the CIB was not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States) and that he never received it.

3.  The applicant provides a copy of General Orders Number 468, dated 17 August 1952.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 17 October 1952, the date of his separation.  The application submitted in this case is dated 22 May 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty (AD) on 18 January 1951.  He served in Korea for 1 year, 1 month, and 1 day.  He continued to serve until he was released from AD on 17 October 1952.  His DD Form 214 shows his branch as Quartermaster and his specialty as 4121 (painter).  He was transferred to the Army Reserve where he continued to serve until honorably discharged on 16 November 1956.  

4.  The applicant’s DD Form 214 shows he was awarded the Korean Service Medal with three bronze service stars, the Purple Heart, and the United Nations Service Medal.   His discharge document does not show the CIB as an authorized award.

5.  The applicant's records contain a copy of General Orders Number 128, dated 27 October 1951, which shows that he was awarded the Purple Heart for wounds received as result of enemy action in Korea on 4 October 1951.  It shows his unit of assignment as Company F, 5th Cavalry, 1st Cavalry Division; however, it failed to show his military occupation specialty (MOS). 
6.  The applicant’s records contain a copy of a 13 November 1951 document relating to his physical profile and duty limitations that shows he served with Company F, 5th Cavalry, 1st Cavalry Division.  It noted that he had poor vision in his right eye and was not to be assigned combat or driving duties.  This document does not show his MOS.

7.  The applicant’s DD Form 214 lists his MOS as 4121 which was a painter.  There are no orders in the available personnel records which show that he was awarded the CIB.  

8.  The applicant provided a copy of General Orders Number 468, dated 17 August 1952 which shows that, at the time of his assignment to the 560th Quartermaster Composite Service Company, it was cited for award of the Meritorious Unit Commendation for exceptional meritorious conduct in the performance of outstanding service in support of combat operations in Korea during the period 20 October 1950 to 31 March 1952.   

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to
infantrymen serving with infantry units of brigade, regimental or smaller size.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

11.  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.

12.  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 AND CONCLUSIONS:

1.  The evidence of record shows that he served as a painter in MOS 4121 with the 560th Quartermaster Company for a portion of his service while serving in Korea.  The evidence also shows he was awarded the Purple Heart while assigned to an infantry unit; however, this evidence failed to show his MOS.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the CIB or served in combat as an infantryman.  Therefore, there is insufficient evidence to correct his records to show that he was awarded the Combat Infantryman Badge.

2.  The applicant’s unit was awarded the Meritorious Unit Commendation.   Therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows that the applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__fe____  ___rd___  __ao____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned for award of the CIB.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the award of the Meritorious Unit Commendation and the National Defense Service Medal. 

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR20003091814	
SUFFIX		
RECON		
DATE BOARDED	20040302	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19511017	
DISCHARGE AUTHORITY	AR . 615-365 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	157	
2.		
3.		
4.		
5.		
6.