RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 November 2007
DOCKET NUMBER: AR20070008773
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.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Jeanette R. McCants
Member
Mr. Scott W. Faught
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 award of the Combat Infantryman Badge.
2. The applicant states he was wounded as an infantry rifleman and received the Purple Heart. He was reclassified as a cook and was unable to fulfill his duties as a rifleman.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 22 January 1951.
4. The applicant arrived in Korea around May 1951.
5. The applicant was an infantryman, assigned to Company E, 7th Cavalry Regiment, when he was wounded in action on 10 July 1951. He departed Korea around July 1952.
6. Around March 1953, the applicant returned to Korea and was assigned to Company F, 15th Infantry, 3d Infantry Division as a Light Weapons Infantryman Leader (military occupational specialty 1745). On or about 19 August 1953, he was reclassified into military occupational specialty 1824 (Mess Steward). He departed Korea around March 1954.
7. The applicant was honorably separated on 24 March 1954. His DD Form 214 does not show award of the Combat Infantryman Badge.
8. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.
9. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows:
(1) while on permanent assignment;
(2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or
(3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. It is recognized that the applicant was assigned to the 7th Cavalry Regiment when he was wounded in action on 10 July 1951. That would normally cast some doubt as to whether he met the eligibility criteria for award of the Combat Infantryman Badge.
2. However, it is also recognized that the applicant was an infantryman assigned to Company E of the 7th Cavalry Regiment. If he had been a cavalryman he most likely would have been assigned to a troop, not a company, within the Regiment. It appears more likely that he was assigned to the dismounted rifle company in the Regiment. Any reasonable doubt should be resolved in favor of the applicant, especially in light of the fact that he later returned to Korea and was assigned to Company F, 15th Infantry initially as a Light Weapons Infantryman Leader. Therefore, it would be appropriate to add the Combat Infantryman Badge to the applicants DD Form 214.
3. The applicant also met the eligibility criteria for award of the ROKWSM, and this award should be added to his DD Form 214.
BOARD VOTE:
__jtm___ __jrm___ __swf___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge and the ROKWSM to his DD Form 214.
__John T. Meixell_____
CHAIRPERSON
INDEX
CASE ID
AR20070008773
SUFFIX
RECON
DATE BOARDED
20071129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
107.0111
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3.
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6.
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