IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080012547
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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Combat Infantryman Badge.
2. The applicant states that for unknown reasons his Combat Infantryman Badge was not added to his DD Form 214. He was assigned to Company I, 3rd Battalion, 9th Infantry Regiment, 2nd Infantry Division, and was in combat off and on from 29 January to 30 August 1953.
3. The applicant provides copies of his DD Form 214 and a listing of individuals who received the Distinguished Service Cross and Silver Star. He indicated on his application that he submitted a questionnaire about military service and an essay on combat experience under fire; however, these documents were not attached.
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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. On 17 January 1952, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 1745 (Rifleman).
4. The applicants most significant assignment was with I Company, 9th Infantry Regiment in the Republic of Korea.
5. On 19 October 1953, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group to complete his remaining military service obligation. He had attained the rank of corporal and had completed 1 year, 9 months, and 3 days of creditable active duty service. He was also credited with 1 year, 2 months, and 7 days of fireign service.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, United Nations Service Medal, Korean Service Medal with 2 bronze service stars, and the Army of Occupation Medal with Germany Clasp. It does not show award of the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge 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:
The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. Unfortunately, the applicants available records do not show and he has not provided any evidence to show that he ever engaged in active ground combat. Therefore, his request for award of the Combat Infantryman Badge should be denied.
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.
___________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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080012547
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