Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090014070
Original file (20090014070.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090014070 


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 award of the Combat Infantryman Badge.

2.  The applicant states he was assigned to the 180th Infantry Regiment and participated in combat duty for 11 months.

3.  The applicant provides a photocopy of a picture of a Soldier sitting on a cannon and a copy of a personal letter 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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.

3.  The applicant's military records show he was inducted into the Army of the United States on 30 January 1952.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows his branch as infantry but it is not possible to determine his military occupational specialty from available records.  He was promoted to pay grade E-4.

4.  He was honorably released from active duty on 29 October 1953.

5.  The applicant's DD Form 214, as corrected, shows he was awarded the Korean Service Medal with two bronze service stars, United Nations Service Medal, National Defense Service Medal, Republic of Korea Presidential Unit Citation, and Korean War Service Medal.

6.  Item 4 (Component and Branch or Class) of the applicant's DD Form 214 shows Army of the United States Infantry.  Item 16 shows his branch as infantry.  Item 28 (Most Significant Duty Assignment) shows he was assigned to 180th Infantry Regiment, 45th Infantry Division.

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

8.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence showing the applicant was personally present and under hostile fire while serving in an assigned infantry military occupational specialty in a unit actively engaged in ground combat with the enemy.  Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

2.  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 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)                                         AR20090015558



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015558



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2002 | 2002070656C070402

    Original file (2002070656C070402.rtf) Auto-classification: Approved

    This document shows the unit, to which the applicant was assigned, the 180th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to 31 July 1953 by Department of the Army General Orders Number 30-54. However, evidence of record shows the applicant participated in one campaign during his assignment in Korean which is not correctly shown by award of one bronze service star for wear on his Korean Service...

  • ARMY | BCMR | CY2010 | 20100025348

    Original file (20100025348.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Therefore, the applicant's request to show award of the Combat Infantryman Badge on his DD Form 214 should be granted. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the: * National Defense Service Medal * ROK War Service Medal *...

  • ARMY | BCMR | CY2011 | 20110024508

    Original file (20110024508.txt) Auto-classification: Denied

    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. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. _______ _ 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.

  • ARMY | BCMR | CY2014 | 20140021326

    Original file (20140021326.txt) Auto-classification: Approved

    Army regulations clearly state the requirement for award of the Army of Occupation Medal is that one must serve in Japan for 30 consecutive days during the period 3 September 1945 to 27 April 1952. The applicant's complete military records are not available to the Board for review. e. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.

  • ARMY | BCMR | CY2010 | 20100017634

    Original file (20100017634.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: * his correct military occupational specialty (MOS) * award of the: * Combat Infantryman Badge * Bronze Star Medal * Forward Observer Badge * Presidential Unit Citation [sic] 2. For services performed during World War II, awards will be made only to service units and only for services performed...

  • ARMY | BCMR | CY2005 | 20050004535C070206

    Original file (20050004535C070206.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 December 2005 DOCKET NUMBER: AR20050004535 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for...

  • ARMY | BCMR | CY2014 | 20140011326

    Original file (20140011326.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. Item 29 of the DD Form 214, which is used to list wounds received as a result...

  • ARMY | BCMR | CY2005 | 20050000224C070206

    Original file (20050000224C070206.doc) Auto-classification: Denied

    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. The applicant's military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

  • ARMY | BCMR | CY2001 | 2001065430C070421

    Original file (2001065430C070421.rtf) Auto-classification: Approved

    The applicant requests that his Report of Separation, WD AGO Form 53-55, be amended to add the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM) (based upon award of the CIB), and four arrowheads. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal. That the applicant’s WD AGO Form 53-55 be amended to indicate assault landing credit after the Sicily and Southern France...

  • ARMY | DRB | CY2005 | 20050007463

    Original file (20050007463.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 February 2006 DOCKET NUMBER: AR20050007463 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to have it added to his DD Form 214. Dependent upon the...