IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001216
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 his military occupational specialty (MOS) as an infantryman.
2. The applicant states that he served in the Republic of Korea (ROK) as an infantryman during the conflict. When he returned to the United States he was trained as a cook. He contends that he was awarded a secondary MOS as a cook.
3. The applicant provides a copy of his DD Form 214.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. The DD Form 214 provided by the applicant is the only available record and will be used by the Board to conduct a review of this specific request.
3. The applicant's DD Form 214 shows that:
a. he enlisted in the Regular Army on 4 May 1949;
b. he served overseas for a period of 1 year, 7 months, and 13 days;
c. he was wounded twice in action, once on 10 February and again on
8 March 1951;
d. he was awarded two Purple Hearts, the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge;
e. he attended the Food Service School during September to November 1951 and was awarded MOS 3060 (Cook);
f. he was discharged on 5 August 1952 with an honorable characterization of service; and
g. he had attained the rank of corporal and completed 3 years, 3 months, and 2 days of creditable active duty service.
4. Army Regulation 600-8-22 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 contends that his DD Form 214 should be corrected to show he held an infantryman MOS.
2. A review of the applicant's DD Form 214 clearly shows that he served in the ROK during a period of conflict and was awarded the Combat Infantryman Badge. Furthermore, he was wounded twice while in action. His being wounded in action and awarded the CIB clearly indicate that he was an infantryman during this period of service.
3. Unfortunately, without a copy of his military personnel records, it is impossible to determine accurately whether he was awarded a secondary MOS as a cook after his return from the combat theater. Furthermore, it is impossible to determine which infantry MOS he may have held during this same period.
4. In view of the above, the applicant's request should be denied.
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) AR20120001216
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001216
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120019720
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 Purple Heart and Combat Infantryman Badge. A Standard Form 88 (Report of Medical Examination), dated 26 December 1952, states the applicant had been hospitalized in Japan and Camp Cooke for a missile wound to his right hand that required some skin graft from his right thigh. Substantiating evidence must be provided to verify that the wound was the...
ARMY | BCMR | CY2006 | 20060009839
The application submitted in this case is dated 25 April 2006 and was received on 10 July 2006. On 4 August 1999, the Army Board for Correction of Military Records (ABCMR) recommended correction of the applicant's records to show award of the Purple Heart and the Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing he was awarded the Combat Infantryman Badge on 7 April 1951; b. by awarding him...
ARMY | BCMR | CY2013 | 20130020713
The applicant requests reconsideration of his previous request to correct his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show: * he received shrapnel wounds to his right leg in item 29 (Wounds Received as a Result of Action with Enemy Forces) * award of the Purple Heart and Combat Infantryman Badge 2. Section 8 (Wounds Received Through Enemy Action) of his DA Form 24 (Service Record) does not contain an entry. The criteria for award of the Purple Heart...
ARMY | BCMR | CY2009 | 20090019656
The applicant's records contain two DD Forms 214. The versions of the applicant's DD Form 214 differ in two respects one is signed and the other is unsigned by the applicant, and they contain different awards, as follows: Unsigned DD Form 214 Signed DD Form 214 * Korean Service Medal (KSM) * Korean Service Medal/Ribbon * Combat Infantryman Badge * Purple Heart * Army of Occupation Medal/Japan * UN Service Medal * 2 Bronze Service Stars for KSM 6. As a result, the Board recommends that...
ARMY | BCMR | CY2009 | 20090020408
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Accordingly, he is entitled to correction of his record to show award of three bronze service stars for wear on the Korean Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for injuries incurred on 15 March 1951, b. awarding him the Army Good...
ARMY | BCMR | CY2006 | 20060007820C070205
The applicant requests that his report of separation (DD Form 214) be corrected to reflect award of the Combat Infantryman Badge (CIB) and the Purple Heart. The evidence of record clearly shows that the applicant was serving as an infantryman in an infantry unit when he was wounded as a result of enemy action on 17 October 1951. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart,...
ARMY | DRB | CY2005 | 20050010093
The applicant states, in effect, that he was assigned to and performed duties in Company D, 23rd Infantry between 1949 and 1951, which included service in Korea from August 1950 to June 1951. This is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214; Silver Star Orders; Company D, 23rd Infantry Personnel Roster; and Office of the Surgeon General (OTSG) Hospital Admission Records for 1950 through 1954. As a result, the Board recommends that...
ARMY | BCMR | CY2006 | 20060005051C070205
The applicant requests, in effect, correction of his records to show award of the Purple Heart, the Combat Infantryman Badge, and a combat rifle badge. The applicant’s military records are not available to the Board for review. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.
ARMY | BCMR | CY2010 | 20100024393
Furthermore, there were no available medical records to support the entry on his DD Form 214. The applicant contends that his DD Form 214 should be corrected to show he was assigned to Company G, 9th Infantry Regiment, and that he was awarded the Purple Heart for wounds received in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained on 12 September 1951; b....
ARMY | BCMR | CY2014 | 20140016462
The applicant requests award of the Combat Infantryman Badge (CIB), Purple Heart, and the Korean Service Medal (KSM) with three bronze service stars. He states he should have been awarded the CIB and the KSM with three bronze service stars. There is no evidence in the available record and the applicant provides insufficient evidence to show he was eligible for award of the CIB.