BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004476
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected by adding the Combat Infantryman Badge (CIB).
2. The applicant states that he would like the CIB on his memorial plaque when he dies.
3. The applicant provides his DD Form 214 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 for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed the applicants records were lost or destroyed in that fire. However, the applicants DD Form 214 was used to conduct a review of this case.
3. The applicant was inducted in the Army on 1 August 1952, served in the Infantry Branch, and was promoted to the rank of corporal. He was honorably released from active duty on 22 July 1954.
4. The applicant's DD Form 214 shows his most significant duty assignment as Company I, 21st Infantry Regiment, and his awards as the Korean Service Medal, the United Nations Service Medal with bronze service star, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.
5. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to personnel in the grade of colonel or below with an infantry military occupational specialty who have satisfactorily performed duty while assigned as a member of an infantry unit, brigade or smaller size, during any period subsequent to
6 December 1941 when the unit was engaged in active ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an infantryman serving in an infantry unit. However, due to the lack of records, there is no evidence the applicant served in actual combat.
2. Without evidence to show the applicant served in active ground combat, there is insufficient evidence in which to award him the CIB.
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.
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