IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006769
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, the widow of a deceased former service member (FSM) requests correction of the FSM's record to show award of the Combat Infantryman Badge.
2. The applicant states she has attempted several times to get St. Louis, MO, to send the Combat Infantryman Badge without success or a response.
3. The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States), two letters, a marriage certificate, and a death certificate.
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 FSMs 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. The FSM's DD Form 214 shows he enlisted in the Regular Army on 30 June 1950 and he held military occupational specialty (MOS) 1821 (Unit Supply Specialist). This form also shows his most significant duty assignment was with the 516th Airborne Infantry Regiment, Camp Breckinridge, KY.
4. His DD Form 214 further shows he was honorably released from active duty on 29 June 1953. He completed a total of 3 years of creditable active service, of which 11 months and 13 days was foreign service.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Korean Service Medal with four bronze service stars, the United Nations Service Medal, and the Purple Heart (2nd Award).
6. 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. 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. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her deceased husband's DD Form 214 should be corrected to show award of the Combat Infantryman Badge was carefully considered; however, there is insufficient evidence to support this request.
2. Although the FSM was assigned to an infantry unit, there is no evidence that he held an infantry MOS. Therefore, he does not meet the criteria for award of the Combat Infantryman Badge.
3. Nevertheless, this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110006769
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006769
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090003232
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's military records to show award of the Purple Heart, Prisoner of War (POW) Medal, and any other awards that he should have received. The FSM's DD Form 214 ending 1 November 1953 shows: a. that the FSM enlisted on 5 October 1949 for 3 years; b. that the FSM served with Company L, 38th Infantry Regiment, in the Republic of Korea; c. that the FSM was an infantryman; d. that the FSM served...
ARMY | BCMR | CY2014 | 20140010710
The applicant, the widow of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 September 1972 to show the Purple Heart and Combat Infantryman Badge. His records are void of any orders awarding him the Combat Infantryman Badge or the Purple Heart. Regrettably, in the absence of evidence that conclusively shows he actively participated in ground combat, while assigned to...
ARMY | BCMR | CY2005 | 20050004493C070206
The applicant, as the widow of the deceased former service member (FSM), requests correction of her late husband's records to show award of the Combat Infantryman Badge, the Combat Medical Badge, the Overseas Service Ribbon, and any other awards he is entitled to. The FSM’s military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military...
ARMY | BCMR | CY2009 | 20090009116
The applicant, the widow of a deceased former service member (FSM), requests correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) of her late husband by adding the Combat Infantryman Badge (CIB) and a "Century Division Rangers Certificate of Proficiency." The evidence further confirms the FSM was receiving combat infantry pay at the time of his separation, which was only authorized to holders of the CIB, as evidenced by the WD Form 372 A...
ARMY | BCMR | CY2008 | 20080000962
The evidence of record shows that the FSM served a qualifying period for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award. Furthermore, based on his entitlement to award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his record to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2008 | 20080005919
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), all other awards to which he may be entitled be added to the record of her deceased husband, a former service member (FSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 33 of the WD AGO Form 53-55 by adding the...
ARMY | BCMR | CY2012 | 20120002720
The applicant requests his deceased father, a former service member (FSM), be awarded the Combat Infantryman Badge. The FSM's complete military records are not available to the Board for review. __________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.
ARMY | BCMR | CY2008 | 20080006015
The applicant requests that his father, a deceased former service member (FSM) be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). He was transferred to Germany on 9 March 1956 and despite being reclassified to a maintenance warrant officer MOS, he was assigned to an armored cavalry regiment for duty as a personnel officer. There is also no evidence to show that he received combat infantry pay or that he was ever recommended for award of the BSM.
ARMY | BCMR | CY2008 | 20080001860
The FSMs military records are not available to the Board for review. There are no orders in the FSM's service personnel records awarding him the Combat Infantryman Badge. The applicant contends that the FSM should be awarded the Combat Infantryman Badge for his service with the 36th Engineer Combat Regiment in the European Theater of Operations.
ARMY | BCMR | CY2003 | 03092176C070212
The citations showing award of the Silver Star and the Bronze Star Medal for heroism show that the FSM was a combat infantryman with an infantry company; therefore, entitled to award of the Combat Infantryman Badge. The evidence shows that the FSM is entitled to award of the Expert Infantryman Badge. As a result, the Board recommends that the Army Review Boards Agency at St. Louis prepare an appropriate certificate identifying the FSM by name and Army service number, showing that he was...