IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090017368 


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 omissions on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) resulted in him not receiving the Combat Infantryman Badge.  He states his DD Form 214 does not mention anything regarding

* his Army accomplishments
* firefights and article about him in the Indian Head Newspaper when he was in Korea
* him earning or being an "IMJIN River Scout"
* all of the different military occupational specialties (MOSs) he served in when he was in the Army (gunner, mortar, infantry, armored personnel carrier driver)

3.  The applicant provides:

* a Standard Form (SF) 180 (Request Pertaining to Military Records)
* a G-mail - Vetrecs [Veterans Records] Notification-1-2WG6811, from the National Personnel Record Center
* a copy of his DD Form 214




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 are not available 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.  However, there were sufficient documents submitted by the applicant to conduct a fair and impartial review of this case.

3.  He was inducted into the Army on 26 September 1967 for a period of 2 years. He was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman), which is shown in item 23a (Specialty Number and Title).

4.  The applicant was honorably released from active duty (REFRAD) on 25 September 1969 and he was transferred to the U.S. Army (USAR) Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of active service.  He was also REFRAD in the temporary rank/grade of specialist four (SP4)/E-4.

5.  His DD Form 214 shows he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal.

6.  His DD Form 214 also indicates he completed 1 year and 28 days of foreign service in Eighth U.S. Army (EUSA) [Korea].  However, there is no indication the applicant ever served in active ground combat while he was in the Army.

7.  Army Regulation 600-8-22 (Military Awards) states special provisions exist for Soldiers who served in Korea subsequent to 4 January 1969.  Soldiers must have served in the hostile fire area at least 60 days and be authorized hostile fire pay.  The Soldier must have been assigned to an infantry unit of company or 

smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty.  The Soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times.  The Soldier must have been recommended personally by each commander in the chain of command and approved at the division level.  There are no provisions for retroactive award of the Combat Infantryman Badge for Korean veterans.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It also established standardized policy for the preparation of the DD Form 214.  It stated, in effect, that for item 23a, enter the primary MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not substantiate the applicant's contention that he is entitled to the Combat Infantryman Badge.

2.  There are no records available and the documentation he submitted does not show that he meets the criteria contained in the applicable regulation for award of the Combat Infantryman Badge.  Specifically, there is no record of evidence and he did not provide any evidence that shows he was engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times while he was in the Army.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

3.  Regarding his issue that his DD form 214 does not show his Army accomplishments, it does show he was REFRAD in the rank/grade of SP4/E-4, that he completed 2 years of total active service, that he completed 1 year and 28 days of foreign service in EUSA (Korea), and that he earned the National Defense Service Medal and the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 does show his accomplishments while serving on active duty.

4.  Regarding including on his DD Form 214 his participation in firefights and article(s) about him in the Indian Head Newspaper when he was in Korea and him earning or being an "IMJIN River Scout."  Although these are noteworthy, there simply are no provisions for including this type of information on the DD Form 214.  Therefore, there is no basis for adding this information on his DD Form 214.

5.  Regarding including all of the different MOS's he served in when he was in the Army (gunner, mortar, infantry, armored personnel carrier driver), although the applicant contends he performed duties in the various duty positions mentioned, the entry on the DD Form 214 only includes a Soldier's primary MOS awarded, which is appropriately entered on his DD Form 214.  Therefore, his DD Form 214 correctly reflects his primary MOS.

6.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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.



      _______________________
               CHAIRPXERSON
      
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)                                         AR20090017368



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ABCMR Record of Proceedings (cont)                                         AR20090017368



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