IN THE CASE OF:
BOARD DATE: 6 August 2009
DOCKET NUMBER: AR20090003716
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 the Combat Infantryman Badge and the "Sig Marie," in effect, the Republic of Korea Presidential Unit Citation. [The president of the Republic of Korea, at that time, was Syngman Rhee].
2. The applicant states he was assigned to the 49th Artillery Regiment but was attached as a forward observer to the 32nd Infantry Regiment. He was on the front lines with the infantry for his entire tour and was awarded the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) 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 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 his records were lost or destroyed in that fire. The available records consist of his DD Form 214, a DD Form 215 (Correction to DD Form 214) and his discharge orders.
3. He was inducted on 24 August 1951 and released from active duty with an honorable characterization of service on 13 May 1953 when he was transferred to the Enlisted Reserve Corps to complete his 6-year service obligation. He had 1 year and 9 months of active duty service and 10 months and 12 days of foreign service.
4. His DD Form 214 lists his authorized awards as the Korean Service Medal with three bronze service stars and the United Nations Service Medal. The
25 July 1961 DD Form 215 added the Bronze Star Medal, Purple Heart, Good Conduct Medal, National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar and the Republic of Korea Presidential Unit Citation.
5. 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 [Emphasis Added], 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 states he was assigned to the 49th Artillery Regiment, but was attached as a forward observer to the 32nd Infantry Regiment. He was on the front lines with the infantry for his entire tour and was awarded the Purple Heart.
2. However, the applicant was not an infantryman and regrettably, therefore, was not eligible for the Combat Infantryman Badge.
3. The Republic of Korea Presidential Unit Citation that he describes as the "Sig Marie" has already been added to his DD Form 214. A copy of the DD Form 215 will be provided to the applicant.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090003716
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ABCMR Record of Proceedings (cont) AR20090003716
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