IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080016588
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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that he received the Combat Infantryman Badge in Korea in late October or November 1952. He contends that his whole company received the badge.
3. The applicant provides a DD Form 214; an Honorable Discharge certificate; a Veterans Administration certificate of eligibility; and a photograph of three Soldiers wearing the Combat Infantryman Badge.
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 was inducted into the Army of the United States on 15 March 1951. He served in Korea and was honorably released from active duty on
18 December 1952.
4. Item 4 (Component and Branch or Class) on the applicants DD Form 214 shows his branch as "TC" [Transportation Corps]. Item 5 (Qualifications/
Specialty Number or Symbol) on his DD Form 214 shows the entry, 1745 [rifle platoon or squad leader]. The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award. His DD Form 214 shows his most significant duty assignment was Company A, 32nd Infantry of the 7th Infantry Division.
5. There are no orders for the Combat Infantryman Badge in the available records.
6. 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:
Although the applicant's DD Form 214 shows he held an infantry military occupational specialty and his most significant duty assignment was with Company A, 32nd Infantry of the 7th Infantry Division during his assignment in
Korea, his DD Form 214 shows that his branch of service was the Transportation
Corps. There is no evidence of record which shows he was personally present and under hostile fire in Korea. In the absence of orders for the Combat Infantryman Badge or other corroborating evidence of record which shows that the applicant met the criteria for the award, the photograph alone provided by the applicant is not sufficient as a basis for award of the Combat Infantryman Badge. Regrettably, 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.
________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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