PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 March 2002                  
	DOCKET NUMBER:   AR2001065540

	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. 		Chairperson	
	Mr. 		Member	
	Mr. 		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, during an interview conducted by a representative of the Kansas American Legion, that he served in Korea in combat while a member of the 45th Reconnaissance (Recon) Company, 
45th Infantry Division, and that he satisfied the three basic requirements for award of the CIB.  He claims that he was assigned to support an infantry unit and satisfactorily performed infantry duties after being assigned as an infantryman on the spot.  He further indicates that under these wartime conditions, his military occupational specialty (MOS) was not changed; however, he did engage in ground combat on 12 January 1952, and was personally present and under hostile fire while serving in and performing infantry duties as a rifleman.  In support of his application, he provides a third party statement from a former platoon leader and executive officer of the 45th Recon Company, a statement from a former officer member of the 45th Recon Company, a 45th Infantry Division Personnel Roster, and a copy of his separation document (NGB Form 22) from the Army National Guard (ARNG), dated 27 November 1952.  

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

5.  The available evidence includes a NGB Form 22 that was issued to the applicant upon his discharge from the ARNG on 27 November 1952.  This document confirms that he was a member of the 45th Recon Company and that his branch of service and MOS were Armor.  It also confirms that he was ordered to active duty on 1 September 1950, and that served in that status until being honorably released from active duty and reverting to his ARNG status on 30 May 1952.  This document also confirms that during his active duty tenure, he earned the Army Occupation Medal (Japan), United Nations Service Medal, and Korean Service Medal with 1 bronze service star.  

6.  A 45th Infantry Division Personnel Roster covering the period 1 September 1950 through 1 December 1951, provided by the applicant, confirms that he was a member of the Division and was assigned to the 45th Recon Company.  A third party statement from a former officer of the unit indicates that when he was assigned to the unit in the Chorwan Valley, Korea, it engaged in two separate attacks on “Old Baldy”.  A map outlining where the attack occurred is included along with a picture of unit members returning from the attack, dated 12 January 1952, titled “The wounded warrior was carried back.”  

7.  A third party statement provided by a former platoon leader and executive officer of the 45th Recon Company, indicates that he served with the unit from mid 1950 through mid 1952, which included 5 months of combat service in Korea.  He also indicates that a Recon Company was branch Armor and each Recon platoon was composed of a scout section, an infantry squad, a mortar squad, and a tank section at that time.  He states that the applicant served as a automatic rifleman in one of the platoons and participated in raids and patrols against the enemy.  He concludes that he is unfamiliar with current regulations regarding award of the CIB, but is merely attesting to the fact that the applicant’s duties were of an infantry nature, even though his branch was Armor.  

8.  On 19 February 2002, Chief, Military Awards Branch, United States Army Personnel Command (PERSCOM), Alexandria, Virginia, in a letter responding to the applicant’s Member of Congress who had requested the applicant be awarded the CIB, explained that the applicant is not eligible to receive the CIB based on the available evidence confirming he served in an armor vice infantry MOS.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-10 provides guidance on awarding the National Defense Service Medal and it states, in pertinent part, that it is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.   

10.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records.  It further states that the lack of official disqualifying comment by previous commanders allows that period of service to qualify for use in awarding the AGCM.  It further defines qualifying periods and states, in pertinent part, that the first award may be awarded upon a member’s termination of service for a period of service of more than 1 year.  

11.  Paragraph 8-6c provides specific eligibility requirements for award of the CIB and it states, in pertinent part, that a soldier must have an infantry MOS, must have satisfactorily performed duty while assigned or attached as a member of an infantry unit during any period such unit was engaged in active ground combat, and the recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.  Paragraph 8-6c(3) specifically stipulates that personnel with other than an infantry MOS are not eligible to receive the CIB, regardless of the circumstances.  It further indicates that Commanders are not allowed to grant exceptions to this policy. 

12.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II and the Korean War.  This publication confirms that members assigned to the applicant’s unit, 45th Recon Company, earned the Republic of Korea Presidential Unit Citation (ROKPUC) for their service in Korea between 22 January 1952 and 15 June 1954. 

CONCLUSIONS:

1.  The Board notes the applicant’s request to be awarded the CIB, however, it finds an insufficient evidentiary basis to support this claim.  The Board notes and wishes to congratulate the applicant on his outstanding combat service in Korea and to inform him that it does not question the veracity of his claim or that he personally participated in combat with his infantry unit.  

2.  However, by regulation, personnel with other than an infantry MOS are not eligible for the CIB, regardless of the circumstances.  Therefore, the Board is compelled to deny the requested relief as a matter of equity to all members who served under similar circumstances and never received the CIB.  

3.  During its review of this case, the Board did determine, based on the lack of any derogatory information on file and/or a specific disqualification from any of the unit commanders for which he served, that the applicant should be awarded the AGCM based on his honorable active duty service from 1 September 1950 through 30 May 1952, and that it should be added to his record at this time.  

4.  In addition, the applicant’s honorable active duty service entitles him to receive the National Defense Service Medal and his service in Korea entitles him to the Republic of Korea Presidential Unit Citation.  Therefore, the Board concludes his records should be corrected to show he earned these awards.  

5.  In view of the foregoing, the applicant’s records should be corrected 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, based on his honorable active duty service, was awarded the National Defense Service Medal and the Army Good Conduct Medal for the period 1 September 1950 through 30 May 1952; that he is entitled to the Republic of Korea Presidential Unit Citation based on his service in Korea; and by providing him a corrected separation document that reflects these changes.  

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

BOARD VOTE:  

__FNE__   _ _TBR__  __DPH     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		          __Fred N. Eichorn__
		             CHAIRPERSON

INDEX

CASE ID	AR2001065540	
SUFFIX		
RECON		
DATE BOARDED	2002/03/05	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1952/05/30	
DISCHARGE AUTHORITY	AR 615-363-5	
DISCHARGE REASON	Revert to NG status	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0111	
2.		
3.		
4.		
5.		
6.