IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080013879
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 (CIB).
2. The applicant states that he served in an infantry unit during the Korean War and adds that he is applying to the Department of Veterans Affairs (DVA) for service-connected disability.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 24 July 1952 in support of his application.
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's DD Form 214 shows that he entered active duty in Yauco, Puerto Rico, on 10 September 1950, in the rank/grade of private (PVT)/E-1 and that he was trained in military occupational specialty (MOS) 4812 (Heavy Weapons Infantryman). This form also shows his most significant duty assignment was with the 7502nd Personnel Center, Fort Buchanan, Puerto Rico.
4. The applicants DD Form 214 further shows that he completed 1 year, 11 months, and 7 days of creditable military service, of which 5 months and
11 days was foreign service. He was honorably released from active duty on 24 July 1952 in the rank/grade of private first class (PFC)/E-3 (Temporary) and reverted to Army National Guard control.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star and the United Nations Service Medal. Item 27 does not show award of the Combat Infantryman Badge.
6. The applicants reconstructed records do not contain official orders awarding him the Combat Infantryman Badge.
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. The applicant's contention that he is entitled to award of the CIB was carefully considered; however, there is insufficient basis upon which to grant his request. The evidence of record shows that the applicant was awarded an infantry MOS; however, there is no evidence that the applicant was assigned to an infantry unit of brigade, regiment, or smaller size nor that he was directly and personally involved in active ground combat while assigned to such an infantry unit. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
2. The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.
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.
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.
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