IN THE CASE OF:
BOARD DATE: 27 MAY 2009
DOCKET NUMBER: AR20090002494
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 that his DD Form 214 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to reflect award of the Combat Infantryman Badge. The applicant further requests that item 4 (Corrections) of his DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the entry, Infantry.
2. The applicant states he was awarded the Combat Infantryman Badge but it was not annotated on his DD Form 214. The applicant also states that he was in the Infantry, not Artillery.
3. The applicant provides his DD Form 214, a picture of himself from approximately 1950, a DD Form 303 A (Certificate in Lieu of Lost or Destroyed Discharge), a Commendation Ribbon with Metal Pendant, and a Certificate of Retirement 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants records show he was inducted into the Army on
2 July 1942 was trained in military occupational specialty (MOS) 605 (Heavy Machine Gunner) and served in the Pacific with the 35th Infantry Regiment. Additionally, Item 4 on his DD Form 215 shows the entry Artillery.
3. On 1 February 1946, the applicant was placed on the retired list.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Combat Infantryman Badge.
5. The applicants DA Form 24 (Service Record) Section 10 (Remarks) shows the Combat Infantryman Badge was awarded as well as the Bronze Star Medal, Good Conduct Medal with two loops, Asiatic-Pacific Campaign Medal with three bronze stars, World War II Victory Medal, Experts Infantryman Badge, Philippine Liberation Ribbon, Philippine Independence Ribbon, Army of Occupation Medal-Japan, United Nations Service Medal, Korean Service Medal with two bronze stars and the National Defense Service Medal.
6. General Orders Number 8, dated 23 February 1945, awarded the applicant the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the Combat Infantryman Badge and that he was in the Infantry was carefully considered and determined to have merit.
2. General Orders show the applicant is entitled to the Combat Infantryman Badge. Therefore, his records should be corrected to show this award.
3. Records show the applicant was in an Infantry Regiment throughout his career. Therefore, his records should be corrected to show Infantry.
BOARD VOTE:
____X____ ____X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge and correcting his records to read, Infantry.
_______ _ _XXX______ ___
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) AR20090002494
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