IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002447
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 (CIB).
2. The applicant states he wants his DD Form 214 to reflect he was awarded the CIB while serving in Korea during the Korean War. He was assigned as an infantry Soldier with Company I, 179th Infantry Regiment.
3. The applicant provides:
* DA Form 1569 (Transcript of Military Record)
* 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 complete 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 his records were lost or destroyed in that fire. However, a reconstructed record contains sufficient documentation and evidence provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The available military record shows the applicant enlisted in the Regular Army (RA) on 25 April 1950. His military occupational specialty (MOS) and service dates in Korea are unknown.
4. A DA Form 1569 shows he was assigned to Company I, 179th Infantry Regiment and he served overseas from on or about 29 May 1952 through on or about 5 May 1953.
5. On 1 June 1953, he was honorably discharged for the purpose of immediate reenlistment. A DD Form 214 for this period of service is not available. On
2 June 1953, at Camp Stoneman, CA, he reenlisted in the RA for a period of 3 years.
6. On 6 June 1956, he was honorably discharged. The DD Form 214 he was issued at the time shows he held military occupational specialty 121.10 (combat engineer) and his most significant duty assignment was with the 6012 ASW, Combat Engineer. It also shows he was credited with:
* 3 years of net active service this period
* 3 years and 1 day of prior active service
* no foreign service credit
7. His DD Form 214 lists the award of the National Defense Service Medal.
8. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the CIB.
9. On 17 August 1988, the National Personnel Records Center (NPRC) issued a Certification of Military Service for the applicant's period of service from 2 June 1953 to 6 June 1956. The certificate also stated he had prior active service in the RA from 25 April 1950 to 1 June 1953 and that he was honorably discharged to reenlist.
10. Army Regulation 600-8-22 (Military Awards) states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers who served in the Korean Conflict during the period 27 June 1950 to 27 July 1953. The regulation 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.
DISCUSSION AND CONCLUSIONS:
1. To be entitled to award of the CIB, the evidence must show he held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.
2. The available evidence of record does not show he held and served in an infantry MOS in an infantry unit, his service dates in Korea, or that he served in active ground combat while assigned or attached to this infantry unit during his period of active service from 25 April 1950 through 1 June 1953.
3. The CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat. Therefore, lacking sufficient evidence as required by the governing regulation, there is an insufficient evidentiary basis for adding it to his DD Form 214.
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) AR20120002447
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ABCMR Record of Proceedings (cont) AR20120002447
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