RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 JULY 2006
      DOCKET NUMBER:  AR20050016369


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Edward Montgomery             |     |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, in effect, the award of the Combat Infantryman
Badge (CIB).

2.  The applicant offers the fact he was awarded the Korean Service Medal
with two Bronze Service Stars, United Nations Service Medal, and the
National Defense Service Medal as proof that he is entitled to the award of
the CIB.  The applicant maintains that the CIB was earned while he was with
H Company, 25th Infantry Division during combat in the Korean Conflict in
1952.

3.  The applicant provided a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 October 1953.  The application submitted in this case
is dated      4 November 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 Army Board
for Correction of Military Records (ABCMR) 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.  However, there were sufficient documents
remaining for the ABCMR to conduct a fair and impartial review of this
case.

4.  Records available to the Board show that the applicant enlisted into
the Army for 2 years and entered active duty on 24 October 1951.  The
applicant was honorably released from active duty on 23 October 1953.


5.  The applicant’s DD Form 214 does not list any type of military
occupational specialty (MOS) or number.  The word “None” is listed in
“Service Training Courses Successfully Completed.”  The applicant’s DD Form
214 lists the Military Police Company as his most significant duty
assignment.

6.  Item 27 on the applicant’s DD Form 214 “Decorations, Medals, Badges,
Commendations, Citation and Campaign Ribbons Awarded or Authorized” lists
the Korean Service Medal with two Bronze Service Stars, United Nations
Service Medal, and the National Defense Service Medal.

7.  There is no evidence or any orders awarding the applicant the Combat
Infantryman Badge.  There is also no evidence to show that the applicant
was assigned or attached to an infantry brigade while serving in Korea.

8.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The fact that the applicant was awarded the Korean Service Medal with
two Bronze Service Stars, United Nations Service Medal, and the National
Defense Service Medal is not sufficient evidence to justify the award of
the CIB.  The applicant’s available documents do not show that he held or
served in an infantryman MOS or any other MOS.  There is also no evidence
that the applicant served in an infantry unit of regimental size or smaller
in active ground combat, which is required by regulation for award of the
CIB.  In view of these facts, there is insufficient basis for award of the
Combat Infantryman Badge.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 October 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           22 October 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JM  __  __JR ___  __EM ___  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.




                                  ______John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016369                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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