PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 February 2002                   
	DOCKET NUMBER:   AR2001063766

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 correction of his military records to show award of the Combat Infantryman Badge, the Combat Action Ribbon and the National Defense Service Medal.  

3.  The applicant’s request for the Korean War Service Medal was addressed by separate correspondence to the applicant.

4.  The applicant states that the awards and decorations were omitted from his discharge document.  He contends that he was given the Combat Infantryman Badge at the front lines in Korea but the clerk would not list it on his discharge document when he got out.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

5.  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 the applicant enlisted on 9 August 1949 for a period of 3 years.  He served in military occupational specialty (MOS) 4345 (vehicle driver, light) in Korea and was honorably discharged on 
17 September 1952.  

6.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge, the Combat Action Ribbon or the National Defense Service Medal as authorized awards.

7.  There is no evidence in the available records which shows the applicant was awarded the Combat Infantryman Badge.  There is also no evidence that the applicant served in an infantry MOS or was assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size while engaged in active ground combat in Korea.

8.  There are no orders in the applicant’s service personnel records which show he was awarded the Combat Action Ribbon.  There is also no evidence available to the Board which shows he served in the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

9.  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.

10.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961 and ending with Operation Desert Storm in 1991).  The regulation also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon instead. 

11.  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.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was awarded the Combat Infantryman Badge in Korea.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was awarded the Combat Infantryman Badge or that he served in an infantry MOS during his assignment in Korea.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. 

2.  The Board considered the applicant’s contention that the Combat Action Ribbon was omitted from his discharge document.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he met the qualifications for award of the Combat Action Ribbon.  Therefore, there is no evidence on which to base award of the Combat Action Ribbon in this case.  

3.  The applicant is entitled to correction of his military records to show award of the National Defense Service Medal for his service during the period 9 August 1949 to 17 September 1952.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

GDP____  TAP____  MHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__George D. Paxson____
		        CHAIRPERSON

INDEX

CASE ID	AR2001063766	
SUFFIX		
RECON		
DATE BOARDED	20020221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0069	
3.	107.0000	
4.		
5.		
6.