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
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ABCMR Record of Proceedings (cont) AR20090015558
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