IN THE CASE OF:	

		BOARD DATE:	 5 January 2010 

		DOCKET NUMBER:  AR20090012481 


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 and Bronze Star Medal.

2.  The applicant states he requests these awards for duties with the 29th British Brigade which spearheaded attacks in North Korea in October 1952.  He states that while he served in an administrative capacity during the last 6 months of his tour in Korea, he served temporarily with the infantry driving a truck, securing the vehicle transporting troops, and joined in the offensive and defensive activities of the unit as they encountered the North Korean Army.

3.  The applicant provides a letter signed by a former supply sergeant, subject:  Recommendation for Military Award for Retired [Applicant], in support of this 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 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 show he enlisted in the Regular Army on 3 August 1949.  He was awarded the military occupational specialty of general clerk.

3.  The applicant continued to serve on active duty through subsequent reenlistments.  He was honorably released from active duty on 31 August 1969 in the rank/grade of sergeant first class/pay grade E-7 by reason of sufficient service for retirement.  He was placed on the Retired List on the following day after completing 20 years and 28 days of total active service.

4.  The available evidence does not contain any general orders or any other evidence that shows he was recommended for or awarded the Bronze Star Medal or Combat Infantryman Badge by proper authority.

5.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-1 states, in pertinent part, that the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  Paragraph 3-14 contains guidance on award of the Bronze Star Medal.  It states, in pertinent part, that it is awarded for heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders are required.  

6.  Army Regulation 600-8-22 states, in pertinent part, that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry military occupational specialty; must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

7.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

8.  The request with a DA Form 638 (Recommendation for Award) must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the Combat Infantryman Badge, there must be evidence that a member was awarded and served in an infantry military occupational specialty in an infantry unit.  There is no evidence showing the applicant was awarded and served in an infantry military occupational specialty while assigned to an infantry unit of brigade, regimental, or smaller size.  Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

2.  Since there is no evidence that the applicant was recommended for or awarded the Bronze Star Medal, there is insufficient evidence to award him the Bronze Star Medal.  However, this in no way affects the applicant's right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  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:

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 him 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)                                         AR20090012481



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ABCMR Record of Proceedings (cont)                                         AR20090012481



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