IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080009014
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 that the military records of her father, the former service member (FSM), be corrected to show that he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states her father was awarded the Silver Star and Bronze Star Medal.
3. The applicant provides her fathers birth and death certificate, correspondence between him and his elected representative, and excerpts from her fathers military records.
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 FSMs military records show that he was inducted and entered active duty on 22 January 1941. His military occupational specialty (MOS) was mail clerk until 1942, and he served in the MOS of dispatcher until 1945.
3. The FSM was awarded the Silver Star on 17 September 1944. In the letter orders awarding him the Silver Star, it was shown that the FSM was assigned to the Quartermaster Corps, 446th Quartermaster Troop Transport Company. In the citation it was stated that the FSM demonstrated determination and courage as the driver of a vehicle that was sent to pick up German prisoners.
4. The FSM was honorably released from active duty on 28 September 1945 due to demobilization. The separation document he was provided shows his MOS as platoon sergeant, and his awards of the Silver Star and Bronze Star Medal.
5. The FSM enlisted in the Regular Army on 23 November 1945, reenlisted twice, and was retired for permanent disability on 8 July 1965. His separation document, DD Form 214, shows his MOS as chemical supply and parts specialist.
6. Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. In order for the FSM to be awarded the CIB, it would have to be shown that he was an infantryman assigned to an infantry unit.
2. The Silver Star citation shows that the FSM was assigned duties as a truck driver while assigned to a quartermaster unit. At that time he held the MOS of dispatcher. As such, while he undoubtedly acted heroically, he did not meet the criteria for award of the CIB. Heroism and decorations for heroism are not limited to infantrymen. Soldiers in many if not all MOSs have acted heroically throughout history and have been awarded decorations for valor.
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.
The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSMs service in arms.
_______ _ 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) AR20080009014
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