BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110001361 


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 item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the 2nd Combat Engineer Battalion, 23rd Infantry Regiment, 2nd Infantry Division.  He also requests the Combat Infantryman Badge and an unspecified French award be added to his DD Form 214. 

2.  The applicant states:

* He served with the 2nd Combat Engineer Battalion, 23rd Infantry Regiment, of the 2nd Infantry Division not Company B, 20th Engineer Combat Battalion
* His claim for Post Traumatic Stress Disorder was denied because of this unit of assignment error
* It is not his fault his records were burned in the St. Louis fire in 1973
* He provided a letter from a fellow Soldier attesting to his service in Korea
* His DD Form 214 does not reflect his award of the Combat Infantryman Badge or a medal awarded by a French battalion   

3.  The applicant provides:

* Numerous photographs of Soldiers


* Letter, dated 14 August 2009, from a fellow Soldier
* 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.  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 6 April 1951.  He served in Korea and was honorably released from active duty on 18 March 1953.

4.  Item 5 (Qualifications/Special Number or Symbol) of his DD Form 214 shows the entry “1729” [combat engineer sergeant].  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Korean Service Medal with one bronze service star and the United Nations Service Medal as authorized awards.  Item 28 (Most Significant Duty Assignment) shows his most significant duty assignment was Company B, 20th Engineer Combat Battalion.

5.  There are no orders for the Combat Infantryman Badge in the available records.



6.  There is no evidence which shows he was awarded a medal by a French battalion. 

7.  There is no evidence which shows he was assigned to the 2nd Combat Engineer Battalion, 23rd Infantry Regiment of the 2nd Infantry Division during his assignment in Korea.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  

9.  Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  The regulation specifically stated the last unit, or similar element, to which assigned for duty rather than the element of which an individual was a part while moving to a separation point would be entered in item 28.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Combat Infantryman Badge in the available records.  The available records show the applicant served as a combat engineer sergeant and his most significant duty assignment (i.e., for an enlisted Soldier, the last unit of assignment) was an engineer combat battalion.  There is no evidence of record which shows he held an infantry military occupational specialty and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size.  Therefore, there is insufficient evidence on which to add the Combat Infantryman Badge to item 27 of his DD Form 214.

2.  There is no evidence of record and the applicant provided no evidence which shows he received a medal by a French battalion.  Therefore, there is insufficient evidence on which to amend item 27 of his DD Form 214.  

3.  There is no evidence of record which shows he was assigned to the 2nd Combat Engineer Battalion, 23rd Infantry Regiment of the 2nd Infantry Division during his assignment in Korea.  Regrettably, there is no basis for granting the applicant's request to amend item 28 of his DD Form 214.



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)                                         AR20110001361





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ABCMR Record of Proceedings (cont)                                         AR20110001361



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