BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000085 


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 his award of the Combat Infantryman Badge be entered on his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 3 September 1954.

2.  The applicant states he served in combat in Korea and was awarded the Combat Infantryman Badge.  He states he was assigned to H Company, 23rd Regiment, 2nd Division.

3.  The applicant provides a photograph, a statement from a fellow Soldier, and 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 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 the applicant's records were lost or destroyed in that fire.  The only record available to this Board is the applicant's DD Form 214 and his orders for discharge.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army 
on 4 September 1951 for a period of 3 years.  

4.  On 3 September 1954, the applicant was released from active duty.  He had completed 3 years of active service that was characterized as honorable.  

5.  Item 5 (Specialty Number or Symbol) of his DD Form 214 contains the entry "NA" (not applicable).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he is authorized the National Defense Service Medal, the Korean Service Medal with 3 bronze service stars, the United Nations Service Medal, and the Parachutist Badge.

7.  Item 27 (Most Significant Duty Assignment) of the applicant's DD Form 214 shows he was Heavy Weapons Infantryman in Company M, 85th Infantry at Fort Riley, KS.

8.  The applicant's history of units to which he was assigned and the dates he was assigned to them are not available for review.

9.  The applicant submitted a letter, dated 26 March 2009, from a fellow Soldier.  The Soldier states the applicant was in his squad in H Company, 23rd Regiment, 2nd Division in Korea during the Battle of Old Baldy.  He states he was the applicant's squad leader.  The Soldier stated the applicant also fought at Heartbreak Ridge.  He stated they were "in 81mm mortars" and also served as forward observers.

10.  The photograph submitted by the applicant shows a Soldier wearing ammunition belts and a Combat Infantryman Badge over his left breast pocket.  However, there is no evidence that this is an official photograph.

11.  Special Regulations Number 615-360-1 (Separation of Enlisted Personnel), then in effect, stated the entry for item 5 of the DD Form 214 was "not applicable."  This item was covered in the DA Form 493 (Separation Qualification Record).
12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry 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 primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Combat Infantryman Badge and it should be included on his DD Form 214.

2.  The applicant's DD Form 214 does not show his military occupational specialty (MOS).  His DA Form 493 was not available for review.  Therefore, there is no available evidence to show what MOS the applicant was assigned.

3.  The applicant's history of assignments was not available for review.  The only unit shown on his DD Form 214 is his unit at Fort Riley.  Therefore, there is no evidence of the unit to which he was assigned in Korea.

4.  The statement submitted by the applicant from his former squad leader is noted.  However, there are no official documents to corroborate the information provided in that statement.  The photograph he submitted is not marked as an official photograph.

5.  There is insufficient evidence to show the applicant was assigned an infantry specialty and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

6.  There are no orders available awarding the applicant the Combat Infantryman Badge.  There is insufficient evidence or official documentation to show the applicant was awarded the Combat Infantryman Badge or that he met the requirements for the award.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ___x____  ___x __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to 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.




      _______ _   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)                                         AR20100000085





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ABCMR Record of Proceedings (cont)                                         AR20100000085



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