IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20070012872
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 award of the Combat Infantryman Badge.
2. The applicant states that he served in the Korean War from February 1952 through January 1953 with Company A, 578 Engineering (C) Battalion, 40th Infantry Division; and that his military occupational specialty was combat engineer.
3. The applicant provides in support of his application, a copy of his Report of Separation (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 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 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. However, there were sufficient documents that were obtained from alternate sources to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army in Toledo, Ohio, on 6 February 1951. He successfully completed his training as a combat construction foreman.
4. After completing 1 year, 11 months, and 22 days of total active service, the applicant was honorably released from active duty (REFRAD) on 27 January 1953 and he was transferred to the Enlisted Reserve Corps (now known as the United States Army Reserve Control Group) to complete his remaining service obligation.
5. The DD Form 214 that he was furnished at the time of his REFRAD shows that while he was in the Army, he was awarded the Korean Service Medal with
2 bronze service stars and the United Nations Service Medal; and that he was a combat construction foreman, assigned to Company A, 578 Engineering (C) Battalion.
6. 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. A review of the available record does not substantiate the applicant's contention that he is entitled to award of the Combat Infantryman Badge.
2. The available record does show that the applicant was a combat construction foreman, which means that he was not an infantryman as required by regulation to be awarded the Combat Infantryman Badge.
3. In accordance with the applicable regulation, an Army enlisted Soldier must have an infantry specialty and satisfactorily performed duties 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. The available record does not show that the applicant met the criteria for award of the Combat Infantryman Badge. Therefore, he is not entitled to award of the Combat Infantryman Badge.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20070012872
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