IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120003209
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 correct military occupational specialty (MOS) and award of the Combat Infantryman Badge (CIB).
2. The applicant states he never served on active duty as a "truck driver." He wants the exact description of his MOS established to show entitlement to the CIB. He states he served both as a cannoneer and radio operator in Korea which he believes entitles him to award of the CIB.
3. The applicant provides a self-authored statement and 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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records from the NPRC that includes the applicant's DD Forms 214.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 13 November 1950 and he was honorably released from active duty on 12 August 1952. The DD Form 214 also shows he:
a. held and served in MOS 3844 (Cannoneer);
b. completed 1 year and 9 months of creditable active service of which
11 months and 7 days were foreign service. It does not provide any evidence of his foreign unit of assignment; and
c. earned the Korean Service Medal with bronze service star and United Nations Service Medal.
4. The CIB is not listed on his DD Form 214 and there are no orders or other documents in the NPRC file that indicate the applicant was recommended for or awarded the CIB during his tenure on active duty.
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. It states in order to award the CIB a Soldier must be an Army infantry officer in the grade of colonel or below; must hold an infantry specialty and serve in an infantry unit of brigade, regimental or smaller size; and must have been personally present and participated with his infantry unit while it was engaged in active ground combat with enemy forces.
DISCUSSION AND CONCLUSIONS:
1. The applicant's entire military record is not available for review.
2. However, the available evidence shows the applicant held and served as a "cannoneer" in MOS 3844 during his tenure on active duty, thereby corroborating his claim of service in this specialty and providing awareness of his MOS.
3. However, there is no evidence to show he held and served in an infantry MOS with a qualifying infantry unit of brigade, regimental or smaller size and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. As a result, the regulatory criteria necessary to qualify for the CIB has not been met in this case.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
5. The applicant and all others concerned should know that this action related to award of the CIB in no way diminishes the sacrifices made by him in 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) AR20120003209
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ABCMR Record of Proceedings (cont) AR20120003209
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