BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028351
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. The applicant states it was an administrative oversight.
3. The applicant provides:
* DD Form 214
* Letter of Appreciation, dated 30 July 1953
* Letter of Commendation, dated 8 August 1953
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 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. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows:
* He was inducted into the Army of the United States on 15 July 1952
* Item 5 (Qualifications/Specialty Number or Symbol) shows the entry "NA"
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Korean Service Medal with two bronze service stars, United Nations Service Medal, and Good Conduct Medal
* Item 28 (Most Significant Duty Assignment) shows Company E, 5th Infantry Regiment
* He was released from active duty on 15 April 1954 and transferred to the U.S. Army Reserve to complete his remaining service obligation
4. There are no orders for the CIB in the available records.
5. His discharge orders, dated 14 April 1954, show his military occupational specialty (MOS) as 1745 (light weapons infantry) and his branch was infantry.
6. He provided a Letter of Appreciation, dated 30 July 1953, from the Commanding Officer, Headquarters, 2nd Battalion, 5th Infantry. This letter was addressed to "All Members" of the 2nd Battalion, 5th Infantry, 5th Regimental Combat Team. The letter states, in pertinent part, "In the past fifteen (15) days, you were required to move forward over the worst possible terrain and to prepare and occupy a battle position in the face of the enemy."
7. He also provided a Letter of Commendation, dated 8 August 1953, from the Commanding Officer, Headquarters, X Corps, Office of the Commanding General. This letter was addressed to the Commanding Officer, 5th Regimental Combat Team. This letter states, in pertinent part, "your outstanding battle record included commitment to the defense of the vital Punchbowl sector on three separate occasions," "your defense of critical positions on the left flank of the Corps," and "the 5th Regimental Combat Team moved with characteristic competence and efficiency into extremely difficult mountainous terrain to relieve a unit on the main battle positions."
8. 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.
9. Records show the 5th Regimental Combat Team consisted of, among other units, the 5th Infantry Regiment.
10. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he was an infantryman who served in an infantry MOS in combat while an assigned member of an infantry unit in Korea. The evidence he provided is accepted as sufficient to show he engaged in ground combat. Therefore, there is sufficient evidence on which to base award of the CIB in this case.
2. He served a period of qualifying service for award of the ROKWSM. His DD Form 214 should be corrected to show this medal.
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 adding the CIB and ROKWSM to item 27 of his DD Form 214.
_______ _ 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) AR20100028351
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ABCMR Record of Proceedings (cont) AR20100028351
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