IN THE CASE OF:	

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110016085 


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 award of the Combat Infantryman Badge (CIB).

2.  He states:

* on 4 July 1952, he was assigned to the 3d Armored Reconnaissance (RECON) Company, 3d Infantry Division, at Inchon, Korea
* on 5 July 1952, the 3d Infantry Division left Inchon to go and guard the main line of resistance (MLR) and pull RECON patrols in that area
* on 2 September 1952, as a member of a 5 man patrol he went behind enemy lines in the Chowan Valley to gather intelligence information
* he was told that his records were destroyed in a fire at the National Personnel Records Center in 1973
* he has been trying to get copies of the morning reports involving then Major Eisenhower, but with no success

3.  He provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a four page letter to his family
* a page of a magazine article
* two personal statements 
* a picture titled “Command and Staff”
* a letter, dated 2 January 2002
* page two of an explanation of benefits from the Department of Veteran Affairs (VA)

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 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.  The applicant's record shows he was inducted into the Army of the U.S. on 
28 November 1951 and was awarded military occupational specialty (MOS) 1173 (Armored Light Tank Driver).  

4.  On 27 August 1953, he was honorably released from active duty and transferred to the United States Army Reserve Control Group after serving a total of 1 year and 9 months of creditable active military service.  The DD Form 214 he was issued for this period shows in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.  It does not show award of the CIB.

5.  He submitted: 

a. a four page statement regarding a letter written to his family, dated 
19 December 1992, in which he discusses his tour of duty in Korea after almost 40 years of silence.  He essentially discusses:

   (1)  his duties and responsibilities while assigned to a RECON company;
   
(2)  9 February 1953, when his team while out on patrol with an infantry
squad, was ambushed twice, and how he avoided capture by pretending he was dead; and   

(3)  how he was able to return and brief his command intelligence division.

b. a one page of the Graybeards Magazine, dated May to June 2001, in which
he highlighted the paragraph indicating a military police corporal had been assigned to the 17th Infantry Regiment, 17th Infantry Division in order to be eligible for award of the CIB. 

c. a personal letter of recommendation which stated the applicant 
performed patrols, was attached to various infantry regiments, and qualified for combat pay during the year he served on the MLR.

d. a personal letter reclusing the writer from supporting the applicant’s
request for award of the CIB based upon his being in an Armor MOS.

e. a letter, dated 2 January 2002 in which he states:

(1)  his DD Form 214 says he was a patrol driver; 

(2)  he was licensed to drive the Walker Bulldog RECON tanks; and 

(3)  “we fought like infantry, we were in fire fights like infantry... we
engaged in typical RECON duties but we also were in combat like infantry.”

f. a memorandum from the VA stating he was awarded a 30 percent service
connected rating based on his diagnosis of post traumatic stress disorder (PTSD);

g. a picture of an unidentified medal given by the South Korean government
to soldiers who could prove they were in combat; and

h. a picture entitled “Command and Staff” depicting four officers. 

6.  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 that an Army enlisted Soldier must have an infantry specialty and satisfactorily perform duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

Although the applicant indicated he participated in active ground combat while  attached to the 3d Infantry Division and as a result is being treated for PTSD, there is no evidence of record nor did he submit any evidence of record showing he held an infantry MOS.  Regrettably, there is insufficient evidence on which to base award of the CIB. 

BOARD VOTE:

________  ________  _______  GRANT FULL RELIEF 

________  ________  _______  GRANT PARTIAL RELIEF 

________  ________  _______  GRANT FORMAL HEARING

___X__  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________ _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)                                         AR20110016085



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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