MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 June 2000                  
	DOCKET NUMBER:   AR1999034855

	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:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer 		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:  Award of the “Combat Action Medal”.  

APPLICANT STATES:  That he was a combat veteran in Korea from 1950-1951 and that he received combat pay approximately 18 months after his release from active duty.  He contends that he should receive the “Combat Action Medal” for being in combat.  In support of his application, he submits copies of two discharge documents.

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted as a technician five in the Medical Department of the Enlisted Reserve Corps on
2 January 1947.  He was honorably discharged on 1 July 1948 and transferred to the USAR.  The applicant was called from inactive duty on 6 November 1950, served as a first aid man in Korea and was honorably discharged on
24 November 1951.  The applicant was awarded the Korean Service Medal with three bronze service stars.  

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United State) with an effective date of 24 November 1951, which was authenticated in his own hand, does not show the “Combat Action Medal” as an authorized award.   

Army Regulation 600-8-22 (Military Awards) does not show the “Combat Action Medal” as an authorized award.  

The Board notes that the Combat Infantryman Badge and the Combat Medical Badge were authorized awards for active ground combat during the Korean War.

The available records show that the applicant served in military occupational specialty (MOS) 3666 (first aid man) assigned to the 25th Reconnaissance Company of the 25th Infantry Division during the Korean War. 

There is no evidence in the available records which shows the applicant was recommended for or awarded the Combat Infantryman Badge.

There is no evidence in the available records which shows the applicant was recommended for or awarded the Combat Medical Badge.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 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 be have an infantry specialty, 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.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

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 noted the applicant’s contention that he should be awarded a medal for being in combat in Korea.    

2.  Evidence of record shows the applicant served in MOS 3666 (first aid man) while assigned to the 25th Reconnaissance Company of the 25th Infantry Division in Korea.

3.  There is no evidence in the available records which shows the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Korea.  Therefore, the applicant is not entitled to award of the Combat Infantryman Badge.   

4.  Although the records show the applicant served as a first aid man in Korea, there is no evidence that the applicant was assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size while engaged in active ground combat.  Therefore, the applicant is not entitled to award of the Combat Medical Badge.

5.  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 the aforementioned requirement.

6.  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

JHL____  JNS_____  MHM_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999034855	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19511124	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0113	
3.		
4.		
5.		
6.