IN THE CASE OF:	  

		BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090019842 


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 records to show his primary military occupational specialty (MOS) was infantryman vice cook.  He also requests reconsideration of his earlier request for award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he served as an infantryman, not a cook.  Originally his MOS was infantryman.  He served in that MOS while in Korea for approximately 19 months before going to Japan to rebuild.  During his tour in Korea, he was an infantryman and carried his M-1 rifle and a Browning Automatic Rifle (BAR).  After leaving Korea, he only became a cook for a short period because there was no one to do it.  He went home for a short period and then he went back to Korea.  He drove for a General Officer until he was assigned as a machine gunner on a tank, after this he became a driver again until he made the rank of sergeant first class/E-7.  He believes his MOS should be changed to infantryman and he should be issued the CIB.

3.  The applicant provides copies of his DD Forms 214 (Report of Separation from the Armed Forces of the United States), dated 2 March 1953 and 21 April 1955; and a copy of his DD Form 215 (Correction to DD Form 214), dated 11 January 2008. 





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 AR20060013537, on 24 May 2007.

2.  The applicant provides copies of his DD Forms 214, one of which was not previously reviewed by the ABCMR.  Additionally, he states he believed he had to wait 1 year before he could request reconsideration and present a new argument.  His additional DD Form 214 and his argument are considered new evidence and as such warrant consideration by the Board.

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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4.  The applicant's first DD Form 214, for the period ending on 2 March 1953, shows he was inducted into the Army of the United States in Atlanta, GA, on 
21 March 1951.  At the time of his separation, he held MOS 1824 (Cook) and his most significant duty assignment (i.e., his last duty assignment) was with the 24th Reconnaissance Company.

5.  This DD Form 214 further shows he completed 1 year, 11 months, and 12 days of creditable active military service during this period, of which 1 year, 6 months, and 12 days were foreign service.  He was honorably discharged on 2 March 1953 for the purpose of enlistment in the Regular Army (RA).  This form also shows the following entries:

	a.  Item 4 (Component and Branch or Class) shows the entry "AUS IN" which indicates he was in the Infantry branch of the Army of the United States.

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal with one bronze service star, United Nations Service Medal, and Army of Occupation Medal (Japan).



6.  His second DD Form 214, for the period ending on 21 April 1955, shows he "reenlisted" in the RA for a period of 3 years at Fort Jackson, SC on 3 March 1953. However, this form does not show he held any specialty at the time of separation. 

7.  This DD Form 214 further shows he completed 2 years, 1 month, and 19 days of creditable active military service during this period of reenlistment, of which 1 year, 5 months, and 24 days were foreign service.  He was honorably discharged on 21 April 1955.  Item 27 shows the Korean Service Medal with one bronze service star, Army Commendation Medal, National Defense Service Medal, and Presidential Unit Citation.

8.  On 24 May 2007, ABCMR denied the applicant's request for the CIB but awarded him the Republic of Korea War Service Medal and he was accordingly issued a DD Form 215 (Correction to DD Form 214) on 11 January 2006.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show his MOS was infantryman and that he should be awarded the CIB.

2.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for award of the CIB.

3.  However, no other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for award has changed little over the years.

4.  The available evidence shows at the time of his discharge on 2 March 1953, the applicant held the MOS of a cook.  Neither his DA Form 24 (Record of Service) nor his DA Form 20 (Enlisted Qualification Record) are available to show his primary MOS.  Additionally, there are no certificates of training or official orders that show he was trained in or that he held an infantry specialty.  In the absence of additional documentary evidence, there is insufficient evidence to correct his MOS in this case.

5.  Notwithstanding the applicant's service in Korea and his sincerity, in the absence of evidence that show he held an infantry MOS and actively participated in combat while assigned to an infantry unit or that he was awarded the CIB by official orders, there is insufficient evidence upon which to base award of the CIB in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to his request to correct his records to show his MOS was infantryman, 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, with respect to his specialty, are insufficient as a basis for correction of the records of the individual concerned.

2.  In regard to his request for award of the CIB, 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 AR20060013537, dated 24 May 2007, with respect to the CIB.

3.  The available evidence is also insufficient to correct his record to show his MOS was that of an infantryman.




      _______ _   _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)                                         AR20090019842



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ABCMR Record of Proceedings (cont)                                         AR20090019842



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