IN THE CASE OF:	  

		BOARD DATE:	    5 July 2012

		DOCKET NUMBER:  AR20120000806 


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. 

2.  The applicant states he served with Company E, 5th Cavalry Regiment, 1st Cavalry Division, in Korea.  He was present on the front lines but he was discharged on a temporary record.  He contracted influenza while in Korea and he was evacuated to a mobile hospital above the 38th parallel in Pyongyang.  He was then put on a hospital train and shipped to Pusan and ultimately by air to Japan.  

3.  The applicant provides:

* DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods ending 5 April 1951 and 16 April 1956
* Special Orders (SO) Number 4, dated 4 January 1951
* SO Number 2, dated 2 January 1951
* Standard Form (SF) 88 (Report of Medical Examination)
* Letter, dated 26 March 1954, to the Commanding General, Army Finance Center
* 50th Anniversary Letter
* WD AGO Form 8-33 (Clinical Record Brief) and allied documents
* Department of Veterans Affairs (VA) Form 07-3101 (VA Request for Information)
* Various medical records, progress notes, and doctors' notes


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 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 his 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 applicant's DD Form 214 (for the period ending 5 April 1951) shows he enlisted in the Regular Army for 3 years and entered active duty in Canton, OH, on 25 June 1950.  

4.  This form further shows he held military occupational specialty (MOS) 4745 (Light Weapons Infantryman) at the time of his separation and that his most significant duty assignment (i.e., last duty assignment) was with Company E, 5th Cavalry Regiment, 1st Cavalry Division.  

5.  His DD Form 214 also shows he served in Korea from 13 November 1950 to 14 December 1950.  He was honorably discharged due to minority on temporary records, on 5 April 1951.  He completed 9 months and 11 days of creditable active service, of which 4 months and 24 days was foreign service.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not list any awards or decorations.

7.  The applicant's DD Form 214 (for the period ending 16 April 1956) shows he enlisted in the U.S. Air Force for 4 years and entered active duty in Cleveland, OH, on 17 April 1952.  He held a supply MOS at the time of his separation and his last assignment was with the 308th Tactical Hospital, GA. 
8.  This DD Form 214 further shows he completed 4 years of creditable active military service during this period, of which 2 years, 10 months, and 26 days was foreign service.  Additionally, he had previously completed 9 months and 11 days of other service.  

9.  He was honorably separated from the Air Force on 16 April 1956.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows awards of the:

* National Defense Service Medal
* United Nations Service Medal
* Korean Service Medal
* ACM (unknown Air Force award)

10.  There are no official orders awarding him the Combat Infantryman Badge.

11.  He submitted:

	a.  SO Number 2, issued by Headquarters, 8040th Station Hospital, ordering his assignment to the Medical Hold Detachment and reassignment for processing and disposition. 

	b.  SO Number 4, dated 4 January 1951, ordering his release from the Medical Hold Detachment and reassignment to Japan with a proceed date of on or about 5 January 1951. 

	c.  SF 88, dated 3 April 1951, which shows he was placed under medical observation for chest and throat at the 141st General Hospital, Japan, in January 1951.

	d.  A letter, dated 26 March 1954, from him to the Commanding General, Army Finance Center, St. Louis, MO, contending non-receipt of pay while his records were lost between October 1950 and March 1951. 

	e.  50th Anniversary congratulatory letter from the Republic of Korea.

	f.  Various medical records, progress notes, clinical briefs, and records of medical care, that essentially show he was assigned to Company E, 5th Cavalry Regiment in Korea and that he contracted the influenza virus.

	g.  VA Form 07-3101, dated 30 March 1970, related to his pension claim.  

12.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.

13.  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.  

DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the Combat Infantryman Badge:

* must be an infantryman satisfactorily performing infantry duties
* must be assigned to an infantry unit during such time as the unit is engaged in active ground combat
* must actively participate in such ground combat

2.  The applicant served in the Regular Army from 25 June 1950 to 5 April 1951.  He held an infantry MOS and served in Korea with a cavalry regiment from 13 November 1950 to 15 December 1950 when he appears to have contracted a virus that required medical treatment in theater as well as in Japan.  

3.  While his infantry MOS and service in Korea are not in question, the reconstructed record does not show he was assigned to an infantry unit and there is no evidence he was personally present during such time his infantry unit was engaged in active ground combat.  The records of treatment he submitted confirm that he contracted a virus.  

4.  In the absence of additional documentary evidence that confirms he was assigned to an infantry unit during such time as the unit is engaged in active ground combat and actively participated in such ground combat, there is insufficient evidence to show he met the criteria for this badge. 
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)                                         AR20120000806



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ABCMR Record of Proceedings (cont)                                         AR20120000806



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