BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015476 


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:

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.  The applicant states he believes he is entitled to the CIB because he worked as an infantryman while he was deployed to Korea.  He believes his weapons qualification and marksmanship badges were not recorded in his record because things were very disorganized.  He attended heavy equipment mechanic school, construction of roads and bridges school, and clerk typist school following his return from combat duty.  He states he was a clerk in the headquarters company upon completion of the clerk typist school.

3.  The applicant provides a self-authored statement, his DD Form 214, a letter from his squad leader, and excerpts from a book.

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 complete military records are not available 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 to conduct a fair and impartial review of this case.

3.  His records show he enlisted in the Regular Army on 20 June 1950.  He completed the Engineer Equipment Mechanic Course at Fort Belvoir, VA, from 1 November 1950 to 7 February 1951.  He held MOS 1319 (Engineer Equipment Mechanic), MOS 3359 (Grader/Scraper Operator), and MOS 4405 (Clerk Typist).  The highest grade/rank he held while serving on active duty was sergeant/E-5 (temporary).

4.  His records show he served in a variety of stateside or overseas assignment, including service in Korea from 10 April 1951 to 18 December 1951 and Camp Polk, LA, from 9 April 1952 to 19 June 1953.

5.  Item 39 (Qualification in Arms) of his DA Form 20 (Qualification Record-Enlisted Personnel) contains one entry.  This entry shows he qualified as marksman with the M-1 rifle.  His reconstructed record does not contain any other annotation related to weapons qualification.

6.  There is nothing in his record to show he was ever awarded or held MOS 3729 or MOS 4745.

7.  Section 21 (Medals, Decorations, and Citations) of his WD AGO Form 24 (Service Records) does not show the CIB.  This item would list the CIB, if it was awarded to him or if it was authorized.

8.  Section 24 (Endorsements) of his DA Form 25 shows he was continuously favorably considered for award of the Army Good Conduct Medal.  However, this award is not listed on his records.

9.  On 19 June 1953, he was honorably discharged.  His DD Form 214 shows he completed 3 years of creditable active service and he had no lost time.  This form also shows in:

* item 5, his MOS as 4405
* item 27 (Decorations Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Army of Occupation Medal with Japan Clasp, Korean Service Medal with four bronze service stars, and United Nations Service Medal

10.  His records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 10 June 1987, from the U.S. Army Reserve Personnel Center, St. Louis, MO.  This form states he is authorized the following awards not already listed on his DD Form 214:

* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation

11.  He provided a self-authored statement; a letter from his former squad leader; and a three-page excerpt from a book titled, "The 1st Cavalry Division and Their 8th Engineers in Korea" as evidence in this case.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It further provides that item 5 will contain the separating Soldier's primary MOS, code number, and title.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 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.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and between 11 September 2001 and a date to be determined.

	c.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and its 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he qualified as a Marksman with his M-1 rifle; therefore, he is entitled to have his records corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

2.  His records contain a DA Form 1577 authorizing issuance of the Army Good Conduct Medal.  Although his records do not indicate he was awarded this medal, his DA Form 24 shows he was favorably recommended for this award.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The DA Form 1577 also shows he was authorized the National Defense Service Medal and the Republic of Korea Presidential Unit Citation.  Since he served a qualifying period of service for both awards, his DD Form 214 should be corrected to show these medals.

4.  With respect to the CIB:

	a.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for changing a Soldier's primary MOS of record, nor is it sufficient for the award of the CIB.

	b.  There are 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.  He did not hold an infantry MOS and is therefore not entitled to award of the CIB.

5.  With respect to his MOS, he contends that item 5 of his DD Form 214 should not reflect his MOS as "Clerk Typist" because he never performed the duties of a clerk typist; however, he also states he served as a clerk in the headquarters company upon completion of the clerk typist school and this was his primary MOS at the time of his discharge.  The DD Form 214 contains the separating Soldier's primary MOS, code number, and title at the time of release from active duty.  Therefore, the entry in item 5 of his DD Form 214 is correct.

6.  With respect to his marksmanship qualification badge for pistol, there is no evidence in his records and he did not provide any evidence that shows he qualified with the pistol.  In the absence of orders, a memorandum, an endorsement, a disposition form, or a weapons qualification score sheet that shows he qualified with the pistol, there is insufficient evidence to add this qualification badge to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  __x______  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation Badge

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* changing the MOS on his DD Form 214
* awarding him the CIB
* awarding him a marksmanship qualification badge with pistol bar



      __________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)                                         AR20110015476



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ABCMR Record of Proceedings (cont)                                         AR20110015476



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