IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100017760
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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. He states that he believes his records did not keep up with him while he was in Korea.
3. He provides a DA Form 1577 (Authorization for Issuance of Awards), dated 28 March 2000, in support of his 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 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 applicants 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.
3. He enlisted in the Illinois Army National Guard on an unknown date and he entered active duty on 15 February 1952.
4. His DD Form 214 shows the following data:
* Item 4 (Component and Branch or Class) National Guard and Infantry Branch
* Item 5 (Specialty Number or Symbol) NA
* Item 26 (Foreign and/or Sea Service) 11 months and 25 days
* Item 28 (Most Significant Duty Assignment) Heavy Mortar Company, 35th Infantry Regiment, Army Post Office 971 (Korea)
5. He was released from active duty on 30 September 1953. His DD Form 214 does not show the CIB as an authorized award.
6. He provided a DA Form 1577, dated 28 March 2000, which shows he was issued a CIB.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements 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 and must have 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants states his records did not keep up with him while he was in Korea. However, no evidence is available which supports his claim.
2. His DD Form 214 shows his most significant duty assignment was the Heavy Mortar Company, 35th Infantry Regiment. However, no evidence is available which shows he was an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat.
3. Although he provided a DA Form 1577, dated 28 March 2000, which shows he was issued a CIB, there is insufficient evidence on which to show he met all the criteria of award of the badge and therefore insufficient evidence on which to base correction of his records to show award of the CIB.
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) AR20100017760
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100017760
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | AR20140008886
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. his duty assignment/service in Southeast Asia and b. award of the Combat Infantryman Badge (CIB) and Armed Forces Expeditionary Medal (AFEM). _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2011 | 20110010331
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. Additionally, the DA Form 1577 the applicant provided indicates he was authorized the Bronze Star Medal based on award of the CIB; however, there is no evidence he was awarded the CIB.
ARMY | BCMR | CY2007 | 20070005648
Department of the Army, General Orders Number 35, dated 8 April 1952, show that the Heavy Machine Gun Platoon, Company M, 35th Infantry Regiment, was awarded the Distinguished Unit Citation, (currently known as the Presidential Unit Citation), for outstanding performance of duty and extraordinary heroism against the enemy in the Republic of Korea during the period 6 September 1951 through 8 September 1951. Evidence of record shows that the applicant was awarded the Combat Infantryman Badge...
ARMY | BCMR | CY2009 | 20090016519
The applicant requests that he be awarded the Combat Infantryman Badge (CIB). There are no orders in the applicants personnel records to show that he was awarded the CIB. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit and holding an infantry MOS, there is insufficient evidence upon which to base award of the CIB in this case.
ARMY | BCMR | CY2007 | 20070015028
The applicant's military records are not available to the Board for review. The applicant's DD Form 214 for the period 29 April 1948 through 9 August 1951 shows that he was awarded the Korean Service Medal w/two Battle Stars. The available record does show that the applicant was a heavy infantry weapons leader assigned to the 2nd Chemical Mortar Battalion, which means that he was not assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size as required by...
ARMY | BCMR | CY2011 | 20110015476
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Report of Separation from the Armed Services of the United States) to show: * his military occupational specialty (MOS) as either MOS 3729 (Demolition Man, Combat) or MOS 4745 (Light Weapons Infantryman) * award of marksmanship qualification badges for the pistol and carbine rifle * award of the Combat Infantryman Badge (CIB) 2. Therefore,...
ARMY | BCMR | CY2012 | 20120020577
The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 January 2006 * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 29 March 2012 * DA Form 2823 (Sworn Statement) * CAB orders * Excerpts from Army Regulation 600-8-22 CONSIDERATION OF EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman...
ARMY | BCMR | CY2008 | 20080018542
The applicant requests that item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the Combat Infantryman Badge. He also requests that item 28 (Most Significant Duty Assignment) on his DD Form 214 be corrected to show Company G, 35th Infantry Regiment, 25th Infantry Division instead of the unit he served with after returning stateside....
ARMY | BCMR | CY2004 | 2004103966C070208
The applicant’s Service Record (DD Form 230) that documents his active duty service between 11 July 1952 and 2 July 1954 confirms he served in the Heavy Mortar Company, 23rd Infantry Regiment, 2nd Infantry Division, in Korea from 16 June 1953 through 9 June 1954. The DD Form 230 does confirm the applicant was credited with participating in the Korea Summer-Fall 1953 campaign and that he earned the following awards during his active duty tenure: Korean Service Medal (KSM) with 1 bronze...
ARMY | BCMR | CY2013 | 20130018777
His DD Form 214 does not show the CIB as an authorized award. The evidence shows the applicant held and served in an infantry MOS while assigned to an infantry company during his assignment in Vietnam. _______ _ _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.