IN THE CASE OF:
BOARD DATE: 2 December 2008
DOCKET NUMBER: AR20080013620
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, in effect, that the Combat Infantryman Badge be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states, in effect that he served in Korea and should have received the Combat Infantryman Badge because of his combat service performed in Korea.
3. The applicant provides a copy of his DD Form 214 and a copy of his VA (Department of Veterans Affairs) rating decision in support of his request.
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 were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 30 January 1953, with prior military service. He was trained as a Chief Wheel Vehicle Mechanic, in military occupational specialty (MOS) 1014. He completed 1 year, 4 months, and 27 days of foreign service. He was promoted to corporal (CPL) on 23 October 1954. He continued to serve until he was released from active duty on 15 December 1954.
3. The applicant's DD Form 214 shows he was awarded the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal. His DD Form 214 does not show any additional awards.
4. Item 4 (Component and Branch or Class) of the applicant's DD Form 214 shows AUS (Army of the United States) INF (infantry). Item 28 (Most Significant Duty Assignment) shows he was assigned to Service Company, 32nd Infantry Regiment, APO 7.
5. There are no orders in the available records to show that he was awarded the Combat Infantryman Badge.
6. The applicant provides a copy of his VA rating decision which shows that he was granted a service-connected disability for Post Traumatic Stress Disorder (PTSD).
7. 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. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.
2. The applicant claims that he should have received the Combat Infantryman Badge because of the combat service he performed in Korea. His DD Form 214 shows that he served as a Chief Wheel Vehicle Mechanic in MOS 1014 and that his most significant duty assignment was with Service Company (a support element) of the 32nd Infantry. There is no evidence, and the applicant has provided none, to show that he held an infantry specialty, that he served in active ground combat, and that he personally came under fire during his service in Korea. Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge.
3. The applicant received a service-connected disability for PTSD. This evidence alone does not support award of the Combat Infantryman Badge to the applicant. The applicant must provide evidence sufficient to show that he met all regulatory requirements for award of the Combat Infantryman Badge.
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) AR20080013620
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ABCMR Record of Proceedings (cont) AR20080013620
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