IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120019809
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he wants his DD Form 214 (Report of Separation from the Armed Forces of the United States) to reflect award of the CIB for his service in Korea. He believes his 201 file (official military personnel file (now known as the Army Military Human Resource Record)) should reflect that based on his job in Korea, he should have been awarded the CIB. He served in the Demilitarized Zone with the 300th Armored Field Artillery.
3. The applicant provides no additional evidence.
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 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 16 January 1953.
4. On 8 June 1954, he was honorably released from active duty and was transferred to the U.S. Army Reserve. His DD Form 214 shows he held military occupational specialty (MOS) 1844 (artillery observer) and his most significant duty assignment was with Headquarters Battery, 987th Field Artillery Battalion.
5. His DD Form 214 lists the:
* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal
* Distinguished Unit Citation
* Army Good Conduct Medal
6. There is no evidence of record that shows he was recommended for or authorized award of the CIB during his period of service in Korea.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must have been be an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must had actively participated 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. He was an artilleryman assigned to an artillery unit.
3. Therefore, there is an insufficient evidentiary basis for awarding him the CIB and 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) AR20120019809
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