IN THE CASE OF:	  

		BOARD DATE:  8 May 2012

		DOCKET NUMBER:  AR20110021257 


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 Action Badge and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his birth year as "1934" instead of "1933."

2.  The applicant states:

* he was 16 years old when he enlisted
* the Combat Action Badge did not exist at the time of his service or discharge and he would like it to be made retroactive to include Korean War veterans 
* he served with the 1st Cavalry Division in Korea from about mid-July 1951 through the end of December 1951 when the 1st Cavalry returned to Japan to resume the duty of the Army of Occupation in Japan
* he was in Japan through mid-August 1953 when he rotated back to the United States
* while in Korea, he served with the 13th Signal Company as an International Morse Code Radio Operator alongside combat units relaying coded messages from division headquarters to battalion and regiment commanders
* on occasion he operated a voice radio backpack on reconnaissance patrols on the front lines and beyond since he had a radio operator's military occupational specialty (MOS)
* he was not entitled to a Combat Infantryman Badge since he did not have an infantry MOS
* several years ago the Army authorized a Combat Action Badge for Soldiers like him who served in combat, but he understands the award was not made retroactive back to those who served in the Korean War
* he would like to add the Combat Action Badge to his display for his grandkids 

3.  The applicant provides:

* self-authored statements
* DD Form 214
* birth 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 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.  This case is being considered using the reconstructed record and documents provided by the applicant.

3.  The applicant's DD Form 214 shows he:

* enlisted the Regular Army on 23 January 1951 for a period of 3 years
* was born in 1933
* was assigned to the 185th Signal Battalion
* was awarded the Korean Service Medal with 2 bronze service stars, United Nations Service Medal, “American Occupation Medal”, and the Army Good Conduct Medal


* was honorably discharged on 22 January 1954 at the expiration of his term of service in the rank of sergeant
* completed 3 years of creditable active service including 2 years and
29 days of foreign service

4.  The birth certificate provided by the applicant shows his birth year as "1934," as certified by the attending physician and filed on 15 March 1934.

5.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Combat Action Badge and correction of his DD Form 214 to show his birth year as "1933" was carefully considered.

2.  Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001.  Therefore, the applicant is not entitled to award of the Combat Action Badge.

3.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  There is a reluctance to recommend that those records be changed.  While it is understandable that the applicant desires to now record the birth year 


that is recorded on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  Therefore, absent convincing, independent and verifiable evidence to the contrary, it is presumed the applicant's military record, including the DD Form 214, were correct at the time.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20110021257



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ABCMR Record of Proceedings (cont)                                         AR20110021257



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