RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050003210


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the
Combat Infantryman Badge (CIB).

2.  The applicant states that his DD Form 214 (Report of Separation from
the Armed Forces of the United States) does not reflect his entitlement to
the CIB.

3.  The applicant provides a copy of his DD Form 214, a self-authored
letter, and a copy of his honorable discharge certificate in support of the
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 9 February 1953.  The application submitted in this case
is dated
7 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are 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 or destroyed in that fire. This case is being
considered using reconstructed records that primarily consist of the
applicant’s DD Form 214.

4.  The applicant’s DD Form 214 shows that he was inducted into the Army
and entered active duty on 19 February 1951.  Item 4 (Component and Branch)
shows his component was Army of the United States (AUS-INF [Infantry).  The
applicant’s specific military occupational specialty (MOS) is not included
in the separation document.  Item 28 (Most Significant Duty Assignment)
confirms that the applicant was assigned to Company K, 5th Cavalry
Regiment, while he was serving in combat in Korea.


5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) shows the applicant was authorized
the following awards during his tenure on active duty: Army of Occupation
Medal (Japan), Korean Service Medal with 2 bronze service stars; Purple
Heart; the United Nations Service Medal; and the Distinguished Unit
Citation (currently known as the Presidential Unit Citation).  Item 28
(Most Significant Duty Assignment) contains the entry 1745-CO [Company K,
5th Cavalry REGT [Regiment].

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of
the applicant’s DD Form 214 contains the entry “Shell Fragment Jaw and
Right Arm-7 October 1951”.  The CIB is not among the awards listed in this
section.

7.  The applicant authenticated the DD Form 214 with his signature in Item
48 (Signature of Person Being Separated).

8.  There are no orders or other documents available which show the
applicant was awarded the CIB.  The record does not provide any indication
that he personally engaged in ground combat with his unit.

9.  On 9 February 1953, the applicant was honorably separated from active
service after completing 1 year, 11 months, and 17 days of active
creditable military service.  He was transferred to the United States Army
Reserve upon his discharge.

10.  A National Personnel Records Center (NPRC) letter to the applicant,
dated
2 September 2002, shows the applicant was issued a DD Form 1577
(Authorization for Issuance of Awards).  The Form 1577 confirmed the
applicant’s entitlement to the Purple Heart, Presidential Unit Emblem,
Army of Occupation Medal (Japan), National Defense Service Medal, and the
Korean Service Medal.  The CIB is not shown as an authorized award.

11.  The applicant’s record contains a self-authored letter in which he
stated in part, that he was sent to Korea after completing Jump School at
Fort Campbell, Kentucky.  He explained that he was assigned to Company K,
5th Cavalry Regiment and was issued a machine gun and that he was one of
five Soldiers who were sent to the front lines as soon as they arrived.




12.  The applicant further explained that one Soldier was shot in the
stomach and he helped put him on a personnel carrier.  He further stated
that he was wounded in the head, jaw, right arm, and left hand and he has
not seen any of this information documented in his record and he never
received his CIB.  He concluded and stated that he is 75 years of age and
would like to get his records straightened out before he gets older.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 8-6 of the
awards regulation contains the criteria for awarding the CIB. It states, in
pertinent part, that there are basically three requirements for award of
the CIB; the soldier must hold an infantry MOS and be satisfactorily
performing infantry duties; must be assigned to an infantry unit of brigade
or smaller size during such time as the unit is engaged in active ground
combat; and must actively participate in such ground combat.   The Army has
provided guidance designed to clarify the requirement to be engaged in
active ground combat to be eligible for the CIB.  This guidance stipulates
that the fact that a member’s unit engages the enemy or receives battle
participation credit does not entitle the soldier to the CIB.  The
infantryman must have been personally under fire while assigned to the
qualifying infantry unit.

14.  In developing the CIB, the War Department did not dismiss or ignore
the contributions of other branches.  Their vital contribution to the
overall war effort was certainly noted, but it was decided that other
awards and decorations were sufficient to recognize their contributions.
Army leaders have taken care to retain the badge for the unique purpose for
which it was established and to prevent the adoption of any badge which
would lower its prestige.  At the close of World War II, a review was
conducted of the CIB criteria with consideration being given to creating
either additional badges or authorizing the badge to cavalry and armor
units.  The review noted that any change in policy would detract from the
prestige of the badge.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his DD Form 214 be corrected to show award
of the CIB was carefully considered.  However, by regulation, in order to
support award of the CIB, there must be evidence confirming the member held
an infantry MOS and satisfactorily performed infantry duties in a
qualifying infantry unit of brigade or smaller size during such time as the
unit is engaged in active ground combat; and must have actively
participated in such ground combat.

2  Although, the applicant’s DD Form 214 shows he received wounds as a
result of enemy action during his service in Korea, it does not show that
he held an infantry MOS.  His DD Form 214 does not contain a Specialty
Number or Symbol in item 5.  The applicant’s separation document shows that
his most significant duty assignment was with Company K, 5th Cavalry
Regiment and confirms he served with a cavalry unit.

3.  The applicant’s service record accurately accounts for his service in
Korea including awarding him the Purple Heart and other awards to which he
was entitled.  However, his service record makes no reference to his being
recommended for or awarded the CIB.  As a result, it is logical to presume
that had the applicant qualified for the CIB, it would have been awarded
and included in his record at that time.

4.  Further, the DD Form 214 issued to the applicant upon his separation on

2 July 1954 did not include the CIB in the list of authorized awards.  The
applicant authenticated this DD Form 214 with his signature, thereby
verifying that the information it contained, to include the list of awards,
was correct at the time the document was prepared and issued.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 February 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 February 1956.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

6.  The evidence of record does confirm the applicant was entitled to the
National Defense Service Medal.  The omission of this award from his
separation document is an administrative matter that does not require
Board action to correct.  As a result, an administrative correction of his
record will be accomplished by the Case Management Support Division
(CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __LGH __  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, it is requested that
the
CMSD-St. Louis administratively correct his records by adding the National
Defense Service Medal.





                                  _____ John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003210                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |( DENY)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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