IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120005241
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 the Combat Infantryman Badge (CIB).
2. He states he feels the CIB was left off his DD Form 214.
3. He provides 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 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 available record shows he was inducted into the Army of the United States on 9 February 1951 and was awarded military occupational specialty (MOS) 1745 (light weapons infantryman).
3. His DD Form 230 (Service Record) for the period 9 February 1951 through 2 February 1953 shows in:
a. Section 3 (Organizations to Which Assigned and Attached), he was assigned to Company B, 35th Infantry Regiment in Korea on 22 July 1952.
b. Section 9 (Medals, Decorations, and Citations), does not show award of the CIB.
4. Item 6 (Effective Date of Separation) of his DD Form 214 shows on 2 February 1951 he was honorably released from active duty (REFRAD) and he was transferred to the Enlisted Reserve Corps (ERC) to complete his remaining service obligation. He completed 1 year, 11 months, and 24 days of total active service. The DD Form 214 he was issued at the time shows does not show award of the CIB.
5. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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. Although the applicant's record shows he held an infantry MOS and he was assigned to an infantry unit, there is no evidence of record and the applicant did not provide any evidence showing he participated in active ground combat while serving with his infantry unit. Therefore, there is an insufficient evidentiary basis for granting his requested relief.
2. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. He served on active duty until 2 February 1953, but item 6 of his DD Form 214 erroneously shows he was REFRAD on 2 February 1951. Therefore, administrative correction of the applicants records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
3. The applicant and all others concerned should know this action 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:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA CMD, Arlington, VA administratively correct item 6 of his DD Form 214 to show his year of separation as "1953" instead of "1951."
__________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) AR20120005241
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ABCMR Record of Proceedings (cont) AR20120005241
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