IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120010114
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he was assigned to the 65th Infantry Regiment,
3rd Infantry Division in September 1952. He was awarded the CIB; however, it is not recorded on his separation document.
3. The applicant provides a copy of a certificate and 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 military service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the applicant's separation document offers sufficient information for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States (AUS) and he entered active service on 6 December 1951. He was honorably released from active duty on 24 August 1953, and he was transferred to the U.S. Army Reserve (USAR) to complete his Reserve obligation. He completed 1 year, 8 months, and 19 days of net active service that included 11 months and 27 days of foreign service. It also shows in:
a. item 4 (Component and Branch or Class): AUS, Artillery;
b. item 5 (Qualifications): 1704 (Field Artillery Operations Chief);
c. item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):
* Korean Service Medal with 2 bronze service stars
* United Nations Service Medal
d. item 28 (Most Significant Duty Assignment): Headquarters and Headquarters Battery (HHB), 43rd Field Artillery Battalion, APO 6 (Korea); and
4. The applicant provides a copy of a Certificate of Proficiency, dated 7 February 1953, that shows he was assigned to Headquarters Company, 2nd Battalion,
65th Infantry Regiment, and that he completed the prescribed 6-week course in tactics, leadership, and administration at the Noncommissioned Officers Academy, 3rd Infantry Division.
5. Army Regulation 600-70 (Badges), dated 15 April 1948, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. Commanding officers of infantry regiments and separate infantry battalions were the award authorities. Announcement of award of the CIB would be made in regimental or unit orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim to the Combat Infantryman Badge was carefully considered. Records show he held a field artillery military occupational specialty (MOS) and he served in Korea with an artillery battalion. There is no evidence he held an infantry MOS in an infantry unit, or that he served with an infantry unit while that unit was engaged in active ground combat. There are no orders or any other evidence that shows he was recommended for or awarded the Combat Infantryman Badge.
2. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120004448
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120010114
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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