IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024508
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge.
2. The applicant states that he served as a combat medic in the Republic of Korea (ROK), and that he was engaged in ground combat with enemy forces for the 15 months spent in the ROK.
3. The applicant provides his DD Form 214 and a 5-page document from the internet titled Combat Infantryman Badge.
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 applicants 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, this case is being considered using reconstructed records, which primarily consist of his DD Form 214.
3. The applicant's DD Form 214 for the period ending 17 July 1954 shows he was inducted and entered active duty on 13 August 1952. He was released from active duty on 17 July 1954.
* Item 4 (Component and Branch or Class) shows Medical Corps
* Item 26 (Foreign and/or Sea Service) shows 1 year, 3 months, and 4 days
* Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, United Nations Service Medal, Korean Service Ribbon, and Combat Medical Badge
* Item 28 (Most Significant Duty Assignment) shows the entry Med Co
180 INF
4. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he was awarded the Combat Medical Badge while assigned to the Medical Company, 2nd Battalion, 180th Infantry Regiment, during the Korean War. The applicant contends that because he was placed in combat situations he should receive the Combat Infantryman Badge. Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.
2. The criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit of brigade, regimental, or smaller size, perform infantry duties, and hold an infantry specialty. It is acknowledged that the applicant may have participated in enemy engagments; however, the evidence of record shows that while serving in the ROK he was assigned and performed in a Medical Company which makes him ineligible for award of the Combat Infantryman Badge. The performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his 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) AR20110024508
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ABCMR Record of Proceedings (cont) AR20110024508
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