IN THE CASE OF: BOARD DATE: 2 December 2014 DOCKET NUMBER: AR20140006176 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to add the Combat Infantryman Badge. 2. The applicant states he was an active combatant in Korea with the 24th Infantry Division and he was assigned as a rifleman with the 5th regimental team. His unit was assigned to confront the Chinese in the event of an assault. He was under fire constantly from mortars and artillery from the Chinese. He carried an M-1 rifle and engaged the enemy. He subsequently volunteered as a litter bearer to pick up and give aid to the wounded. 3. The applicant provides a document cover page from the Veterans Service Office, his Honorable Discharge Certificate, and his DD Form 214. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States and entered active duty on 27 February 1951. He held military occupational specialty (MOS) 3666 (Medical Aidman) and attained the rank of sergeant. 3. His DD Form 230 (Service Record) shows he was assigned to the 5th Infantry Regiment from 17 August 1951 to on or around 9 June 1952. 4. His DA Form 20 (Soldier's Qualification Card) shows he was assigned to Korea and served with the Medical Company, 5th Infantry Regiment from 17 August 1951 to on or around 12 June 1952 and during this time he attended the medical aidman course and served as a litter bearer, an assistant squad leader, and a squad leader. 5. His records do not contain orders awarding him the Combat Infantryman Badge. 6. He was honorably released from active duty on 1 December 1952. His DD Form 214 shows his MOS as 3666, his most significant assignment as the Medical Company, 5th Infantry Regiment, and does not list the Combat Infantryman among his awards. It does list the Combat Medical Badge. 7. Army Regulation 600-8-22 (Military Awards) states 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 have an infantry specialty and must have 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. DISCUSSION AND CONCLUSIONS: 1. There are 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. The applicant did not hold an infantry MOS and is therefore not entitled to award of the Combat Infantryman Badge. 2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x ____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. ___________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140006176 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140006176 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1