BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013327
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 for correction of his records to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that he earned this award but it is not entered on his DD Form 214 (Report of Separation from the Armed Forces of the United States). He states that he was assigned to Korea in military occupational specialty (MOS) of 3648 (Field Radio Repairman), but his duty MOS changed sometime in November 1950. He states that he was assigned as a rifleman, performed duties as a rifleman, and engaged in ground combat with the 15th Infantry Regiment from November 1950 to August 1951.
3. The applicant provides a copy of a certificate from the 3rd Infantry Division 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 AR20090000263, on 19 May 2009.
2. The applicant provides a new argument which requires the Board's consideration.
3. The applicant's 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 applicant's records were lost or destroyed in that fire. The primary record available to this Board is the applicants DD Form 214 with an effective date of separation of 1 September 1951.
4. The available evidence shows the applicant enlisted in the Regular Army on
2 September 1948. He attended training and was awarded MOS 3648.
5. The applicant's most significant (i.e., his last) duty assignment was with the 3rd Signal Company, 3rd Infantry Division. However, the specific dates of assignment are not available.
6. On 1 September 1951, the applicant was honorably discharged from active duty due to expiration term of service after completing 3 years of active service. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded or authorized the Combat Infantryman Badge. His DD Form 214 also shows his branch as Signal Corps.
7. There are also no orders available awarding the applicant the Combat Infantryman Badge.
8. The applicant provided a certificate with the signature of the commanding general of the 3rd Infantry Division that shows the applicant was awarded the Korean Campaign Ribbon with 3 bronze battle stars, the Combat Infantry Badge and the United Nations Ribbon.
9. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 states in pertinent part that there are three basic requirements for the Combat Infantryman Badge. The member must hold and serve in an infantry MOS; 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant attended training and was awarded MOS 3648. While the applicant contends his duty MOS changed and he was assigned as a rifleman in November 1950, simply being assigned in a duty position does not equate to being awarded the MOS. There is no evidence showing he was ever awarded an infantry MOS.
2. There is insufficient evidence to show the applicant satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period when the unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry MOS, in a unit actively engaged in ground combat with the enemy. In addition, his DD Form 214 shows his branch as Signal Corps, not Infantry.
3. There is no evidence the applicant was awarded the Combat Infantryman Badge other than the certificate submitted by the applicant. As such, there is insufficient evidence to corroborate that he was awarded the Combat Infantryman Badge. Therefore, there is insufficient evidence to support adding the Combat Infantryman Badge to the applicant's DD Form 214.
4. 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 AR20090000263, dated 19 May 2009.
_______ _ _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) AR20090013327
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ABCMR Record of Proceedings (cont) AR20090013327
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