IN THE CASE OF:	  

		BOARD DATE:	  19 May 2009

		DOCKET NUMBER:  AR20090000263 


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 that the Combat Infantryman Badge and the Army Good Conduct Medal be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 1 September 1951.

2.  The applicant states he earned these awards and they are not entered on his  DD Form 214.  

3.  The applicant provides, in support of his application, copies of a certificate from the 3rd Infantry Division and an excerpt from the Internet.

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.  The primary record available to this Board is the applicant’s DD Form 214 with an effective date of separation of 1 September 1951.

3.  The available military personnel records show he enlisted in the Regular Army on 2 September 1948.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) of  3648 (Field Radio Repairman).

4.  The applicant's most significant command was the 3rd Signal Company, 
3rd Infantry Division.  However, the specific dates of assignment are not available.

5.  On 1 September 1951, the applicant was released from active duty by reason of expiration term of service.  He had completed 3 years of active service that was characterized as honorable.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded or authorized the Combat Infantry Badge or the Army Good Conduct Medal.

6.  There are also no orders available awarding the applicant the Combat Infantryman Badge or the Army Good Conduct Medal.

7.  The applicant provided a certificate signed by the commanding general of the 3rd Infantry Division that indicates the applicant was "awarded the Korean Campaign Ribbon with 3 bronze battle stars."  This certificate also shows the applicant’s additional awards include the "Combat Infantry Badge, and United Nations Ribbon."

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.

9.  Army Regulation 600-65, in effect at the time, provided policy and criteria concerning service medals.  It provided that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for first award only, 1 year served entirely during the period from 7 December 1941 to 2 March 1946 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

10.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was assigned the MOS of 3648 (a non-infantry MOS).  Due to the non-availability of records, there is insufficient evidence to show the applicant had 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 MOS, in a unit actively engaged in ground combat with the enemy.  

2.  There is no evidence the applicant was awarded the Combat Infantryman Badge other than the certificate submitted by the applicant.  Army regulations state that award certificates alone will not be used as a basis for entering a decoration on the applicant’s DD Form 214.  Army regulations stipulate that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.  There are no orders available awarding the applicant the Combat Infantryman Badge.  Therefore, there is insufficient evidence to show that the applicant was awarded the Combat Infantryman Badge.
3.  Due to the non-availability of records or orders there is insufficient evidence to determine the applicant's eligibility for award of the Army Good Conduct Medal.  

4.  In accordance with Army Regulation 600-8-104 the only acceptable source documentation for an award is the order, letter, or memorandum which authorizes the award.  Therefore, there is insufficient evidence to add the Combat Infantryman Badge or the Army Good Conduct Medal to the applicant's 
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  __X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



      _______ _   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)                                         AR20090000263



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ABCMR Record of Proceedings (cont)                                         AR20090000263



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