IN THE CASE OF:	  

		BOARD DATE:	  	  30 December 2008

		DOCKET NUMBER:  AR20080015008 


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 item 28 (Most Significant Duty Assignment) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 27 September 1953 be corrected to show the 65th Combat Engineer Battalion, 25th Infantry Division.  He also requests award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, that he was assigned to the 65th Combat Engineer Battalion, 25th Infantry Division in Korea.  He contends that he was also with the 25th Combat Division so he should receive the Combat Infantryman Badge.   

3.  The applicant provides a copy of his DD Form 214 for the period ending 
27 September 1953; a DD Form 214 for the period ending 27 April 1955; letters, dated 5 August 2008 and 27 August 2008, from the National Personnel Records Center in St. Louis, Missouri; and an undated letter from his daughter.  

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 applicant’s 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 applicant’s 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant enlisted on 27 September 1950.  He served in Korea and was honorably discharged on 27 September 1953.

4.  Item 4 (Component and Branch or Class) on the applicant’s DD Form 214 for the period ending 27 September 1953 shows his branch of service was Military Police.  Item 5 (Qualifications/Special Number or Symbol) on his DD Form 214 for the period ending 27 September 1953 shows the entry, “1677" [military police supervisor].  This DD Form 214 does not show the Combat Infantryman Badge as an authorized award.  Item 28 on this DD Form 214 shows the entry, “436th MP [Military Police] Co [Company] Ft [Fort] Lewis Wash [Washington].” 

5.  There is no evidence of record which shows the applicant was assigned to the 65th Combat Engineer Battalion, 25th Infantry Division during his assignment in Korea.

6.  There are no orders for the Combat Infantryman Badge in the available records.  

7.  Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  The regulation specifically stated the last unit, or similar element, to which assigned for duty rather than the element of which an individual was a part while moving to a separation point would be entered in item 28.  

8.  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.  There is no evidence of record which shows the applicant was assigned to the 65th Combat Engineer Battalion, 25th Infantry Division during his assignment in Korea.  In any case, in the absence of evidence to the contrary, it appears that the 436th Military Police Company at Fort Lewis, WA, was the last unit to which he was assigned for duty.  Regrettably, there is no basis for granting the applicant's request to amend item 28 on his DD Form 214 for the period ending 27 September 1953.

2.  The applicant's DD Form 214 for the period ending 27 September 1953 shows his branch of service was Military Police, his MOS was 1677, and his most significant duty assignment was with a military police company.  There is no evidence of record which shows that he held and served in an infantry MOS and served in active ground combat in Korea.  Even if he provided evidence to show he was assigned to the 65th Combat Engineer Battalion while in Korea, that unit was not an infantry unit.  Assignment to an infantry division is not an eligibility criterion for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
  
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)                                         AR20080015008





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ABCMR Record of Proceedings (cont)                                         AR20080015008



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