IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009678
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:
a. the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States); and
b. three battle stars (currently known as bronze service stars) be affixed to the Bronze Star Medal (BSM).
2. The applicant states:
a. upon his discharge he was awarded the CIB but his DD Form 214 fails to show this badge;
b. the BSM should show three bronze service stars; and
c. though assigned to an artillery unit he was routinely given temporary duty on combat infantry patrols with other infantrymen. He participated as such in three separate battles in Korea. He served in Korea from 5 July 1950 to 22 May 1951. He participated in combat operations and troops performed multiple duties during this time because of the lack of reinforcements and the persistent pressure by the enemy. At this time, little mattered whether one was designated infantryman or artilleryman.
3. The applicant provides:
* Letter from a fellow Soldier, dated 5 May 2012
* 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 enlisted in the Regular Army on 14 July 1948 for a period of
3 years. He served as a field artillery cannoneer assigned to Batteries A, B, and C, 11th Field Artillery Battalion of the 24th Infantry Division in Korea from 8 July 1950 to 20 May 1951. On 21 April 1952, he was honorably released from active duty.
3. His DD Form 214 does not show the CIB as an authorized award. His
DD Form 214 does show, among other awards, the BSM and Korean Service Medal with three bronze service stars (for his participation in three campaigns during his assignment in Korea).
4. There are no orders for the CIB in the available records.
5. He provided a letter, dated 5 May 2012, from a fellow Soldier at the time in question who attests they were involved in a firefight on 4 August 1950 in Korea.
6. 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.
7. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Korean Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends although he was assigned to an artillery unit he was routinely given temporary duty on combat infantry patrols with other infantrymen.
2. There are no orders for the CIB in the available records. The available evidence shows he served as a field artillery cannoneer assigned to a field artillery battalion during his assignment in Korea. There is no evidence of record which shows he held an infantry MOS and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size. Therefore, there is insufficient evidence on which to add the Combat Infantryman Badge to his DD Form 214.
3. His contention the BSM should show three bronze service stars was noted. However, a bronze service star is worn on the appropriate service ribbon for credited campaigns, not on a personal decoration. Therefore, there is no basis for granting his request to affix three bronze service stars to his BSM.
4. Based on his service in Korea and participation in three campaigns, he received the Korean Service Medal with three bronze service stars which is properly shown on 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) AR20120009678
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ABCMR Record of Proceedings (cont) AR20120009678
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