PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 August 2000
	DOCKET NUMBER:   AR1999032391

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that the CIB he earned for his infantry combat service in Korea in 1953 was left off of his separation document.  He claims that the unit he served with in Korea saw combat while he was assigned with them in 1953 and therefore he should be entitled to the CIB. 

4.  The applicant’s military records show that he entered the Regular Army for 
3 years on 3 November 1952.  He attended training at Fort Pickett, Virginia.  Upon successful completion of his training he was awarded a military occupational specialty (MOS) 111 (Infantryman) and he was assigned to overseas duty in Korea for his first permanent duty station. 

5.  In May 1953, the applicant arrived in Korea and he was assigned to Company I of the 35th Infantry Regiment where he performed duties as both a Rifleman and as a Squad Leader.  His record shows that during his tenure in Korea he participated in two campaigns, the Third Korean Winter and the Korean 
Summer-Fall 1953.  He completed his tour in Korea in June 1954 and returned to Fort Hood, Texas where he served until his separation in November 1955.

6.  On 2 November 1955, the applicant was honorably separated under the provisions of Army Regulation 315-360.  At the time of his separation the applicant had completed a total of 3 years of active military service.  The 
Department of Defense (DD) Form 214 (Report of Separation From the Armed Forces of the United States) issued to the applicant on the date of his separation indicates that he earned the following awards and decorations:  the National Defense Service Medal; the Korean Service Medal/with 2 Bronze Service Stars; the United Nations Service Medal; and the Republic of Korea Presidential Unit Citation.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 8, Section-II (Combat and Special Skill Badges) contains guidance on the award of combat badges.  Paragraph 8-6 contains the policy and procedure pertaining to the award of the CIB.

8.  Paragraph 8-6c contains the specific eligibility criteria for earning the CIB.  
It states, in pertinent part, that to qualify for the CIB a soldier must have satisfactorily performed duties in an Infantry MOS, while assigned or attached as a member of an Infantry unit of brigade, regimental, or smaller size during any period that his unit was engaged in active ground combat and must have been personally present and under hostile fire with a unit actively engaged in ground combat with the enemy.  

CONCLUSIONS:

1.  The evidence of record establishes that the applicant met two of the three criteria necessary to earn the CIB.  He served in an Infantry MOS in an Infantry unit during his combat tour in Korea.  However, the Board was unable to firmly establish that the applicant was actually personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. 

2.  The evidence or record shows that the applicant performed duties as an Infantry Rifleman and Squad Leader while serving with an Infantry unit in the Korea combat zone.  This evidence makes it more reasonable to presume that the applicant was personally present and under hostile fire while his unit was engaged in ground combat sometime during his combat tour in Korea as he contends, rather than to assume he was not.  

3.  Given the weight of the evidence and the lack of evidence to the contrary, the Board finds there is sufficient cause to believe applicant’s claim of entitlement to the CIB, and finally concludes, lacking evidence to the contrary, that it would be appropriate to award the applicant the CIB as an exception to policy at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the CIB based on his combat service as an Infantryman in an Infantry unit during his combat tour in Korea.

BOARD VOTE:  

___mvt __  ___kwl__  __elw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Edward Williamson____
		        CHAIRPERSON

INDEX

CASE ID	AR1999032391	
SUFFIX		
RECON		
DATE BOARDED	2000/08/22	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111	
2.		
3.		
4.		
5.		
6.