IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090004966 


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 reconsideration of the Board's denial of his previous request that the Combat Infantryman Badge be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that he served in Korea and should have received the Combat Infantryman Badge because of his combat service performed in Korea.

3.  The applicant provides a statement (prepared by a Department of Veterans Affairs [VA] official) detailing his service time in Korea, a list of military occupational specialties authorized the Combat Infantryman Badge provided by the National Personnel Records Center, his DD Form 214, several photocopied pages apparently related to the Korean War, and several photographs in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080013620, on 2 December 2008.

2.  Many of the documents provided by the applicant are new evidence, which requires that the Board reconsider his request.

3.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources. 

4.  The applicant's DD Form 214 shows he was inducted and entered active duty on 30 January 1953.  This document shows his military occupational specialty as 1014/Chief Wheel Vehicle Mechanic.  It also shows he completed 1 year, 4 months, and 27 days of foreign service.  He was promoted to corporal and continued to serve until he was released from active duty on 15 December 1954.

5.  The applicant's DD Form 214 shows he was awarded the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal.

6.  Item 4 (Component and Branch or Class) of the applicant's DD Form 214 shows AUS (Army of the United States) INF (infantry).  Item 16 shows his branch as INF (infantry).  Item 28 (Most Significant Duty Assignment) shows he was assigned to Service Company, 32nd Infantry, APO 7.

7.  There are no orders in the available records to show that he was awarded the Combat Infantryman Badge.

8.  The applicant provided a copy of his VA rating decision with his initial request which showed he was granted a service-connected disability for Post-Traumatic Stress Disorder (PTSD).

9.  In the statement detailing his service time in Korea, the applicant indicates he held a specialty code 745 rifleman instead of a 1014/Chief Wheel Vehicle Mechanic as shown on his DD 214.  

10.  Two pages of a photocopied roster provided by the applicant show his name and address, but it is not possible to extract any information from the roster useful in determining eligibility criteria for the Combat Infantryman Badge.

11.  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 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, and 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 contends that he should have received the Combat Infantryman Badge because of the combat service he performed in Korea.  It is noted that the applicant provided pictures of him and photocopied rosters with his name and address.  It is also noted that the applicant received a service-connected disability for PTSD.  

2.  While he contends in his statement that he held an infantry MOS of 745/rifleman, his DD Form 214 shows that he served as a Chief Wheel Vehicle Mechanic in MOS 1014 and that his most significant duty assignment was with Service Company (a support element) of the 32nd Infantry.  Therefore, there is insufficient evidence to show that he held an infantry specialty.

3.  While the applicant's statement indicates he killed the enemy and saw people killed on a regular basis, no corroborating evidence is available or was provided by him indicating he was actually engaged in action with a hostile force.

4.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry military occupational specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Since there is insufficient evidence to show the applicant met all three requirements, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.  As a result, the regulatory burden of proof necessary to support award of the Combat Infantryman Badge has not been satisfied in this case.

5.  Regrettably, in view of the foregoing there is no basis for granting the applicant's request.








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 to amend the decision of the ABCMR set forth in Docket Number AR20080013620, dated 2 December 2008.




      _______ _   _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)                                         AR20090004966



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ABCMR Record of Proceedings (cont)                                         AR20090004966



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