IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090011256
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 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 served his time in the infantry and earned the badge; however, due to errors of the company clerk the paperwork for the badge was not submitted. He contends that he served in Korea for almost
15 months in the 223rd Infantry Regiment of the 40th Infantry Division, that his early months in the Regiment were in the Service Company, and that he was transferred to Headquarters Company in late 1952.
3. The applicant provides an Honorable Discharge Certificate; a Certificate of Training; and a copy of his DD Form 214 in support of his application.
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 24 January 1952. He served in Korea and was honorably discharged on 29 October 1953.
4. Item 4 (Component and Branch or Class) on the applicant's DD Form 214 shows the entry "AUS INF" [Army of the United States Infantry]. Item
5 (Qualifications/Specialty Number or Symbol) on his DD Form 214 shows the entry NA [not applicable]. His DD Form 214 does not show the Combat Infantryman Badge as an authorized award. Item 28 (Most Significant Duty Assignment) on his DD Form 214 shows the entry Hq Co [Headquarters Company] 223 Inf Regt [Infantry Regiment]."
5. There are no orders for the Combat Infantryman Badge in the available records.
6. In support of his claim, the applicant provided a Certificate of Training, dated 27 September 1952, which shows he completed the Division Noncommissioned Officer School given at Headquarters, 40th U.S. Infantry Division in Korea.
7. 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:
There are no orders for the Combat Infantryman Badge in the available records. There is no evidence of record which shows the applicant held an infantry military occupational specialty and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Korea. Therefore, 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.
_______ _ _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) AR20090011256
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