IN THE CASE OF: BOARD DATE: 25 August 2015 DOCKET NUMBER: AR20150000099 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 the Combat Infantryman Badge be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. The applicant states he was awarded the Combat Infantryman Badge that was presented to him at Fort Chaffee before his discharge. The reason for the award was for his coming under fire for over 24 hours during Operation Big Switch in August 1953. He was serving with the 13th Transportation Helicopter Company at the time. 3. The applicant provides copies of his DD Form 214, a National Personnel Records Center (NPRC) letter listing his authorized awards, one page of a unit history, and a magazine article. 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. It is believed that the applicant's military records were lost or destroyed in the NPRC fire of 1973. Information herein was obtained from reconstructed personnel records. 3. The available DD Form 214 provides the following information — * active duty service from 6 August 1952 through 8 July 1954 * 1 year, 2 months, and 22 days of foreign service * award of the military occupational specialty 1641 (Wire Chief, field) * award of the Korean Service Medal, United Nations Service Medal, National Defense Service Medal, and the Good Conduct Medal 4. Neither the unit history nor the magazine article cite the applicant by name. 5. Operation Big Switch began in August 1953 and lasted until December. Operation Big Switch was the name of the operation for the repatriation of all remaining prisoners of the Korean War. Ceasefire talks had been going on between communist and United Nations (UN) forces since 1951, with one of the main stumbling blocks being the communist insistence that all prisoners be returned home, with the UN insisting that prisoners who wished to remain where they were be allowed to do so. Talks dragged on for 2 years until the Chinese and North Koreans relented on this point, and the Korean Armistice Agreement was signed on 27 July 1953. 6. Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the Combat Infantryman Badge. In effect, that paragraph states that there are three basic requirements for award of the Combat Infantryman Badge. An enlisted Soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Personnel with other than an infantry or Special Forces military occupational specialty are not eligible, regardless of the circumstances. DISCUSSION AND CONCLUSIONS: 1. Operation Big Switch was not a combat operation but a diplomatic endeavor to arrange for prisoners' exchange. 2. The applicant's contention that he was awarded or is entitled to the Combat Infantryman Badge is not supported by the available evidence. There is no evidence he was awarded an infantry specialty, performed infantry duties while assigned or attached to an infantry unit or that he was personally present and under hostile fire while serving in an infantry unit. 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) AR20150000099 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150000099 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1