BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120022019 


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 the award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

   a. he was awarded the CIB in Japan following his service in Korea while assigned to the 65th Infantry Regiment, 3rd Infantry Division; and
   
   b.  his DD Form 214 (Report of Separation from the Armed Forces of the United States) should be corrected to add this forgotten award.
   
3.  The applicant provides:

* self-authored statement
* 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 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 entered active duty as a member of the Army National Guard of the United States (ARNGUS) on 10 September 1950 and served until he was honorably released from active duty on 24 July 1952.  His DD Form 214 also shows he:

   a.  held and served in MOS 4745 (Light Weapons Infantryman);

   b.  completed 1 year, 11 months, and 12 days of creditable active service of which 5 months and 26 days were foreign service.  It does not provide any evidence of his foreign unit of assignment; and

   c.  earned the Korean Service Medal with one 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.  

   a.  Paragraph 2-10 provides guidance for the issuance of the NDSM and states it is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
   
   b.  Chapter 8 states in order to award the CIB a Soldier must 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.
   c.  Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (ROKWSM). It is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's entire military record is not available for review.

2.  While the available evidence shows the applicant held and served as a "light weapons infantryman" in MOS 4745 during his tenure on active duty, there is no evidence to show he served 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.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  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.

5.  Evidence shows that the applicant's records contain administrative errors which do not require action by the Board.  His award of the KSM and UNSM confirms his Korean War foreign service, which also entitles him to the ROKWSM.  The ROKWSM was established subsequent to his active duty service and is not currently listed on his DD Form 214.  In addition, based on his honorable active duty service from 10 September 1950 through 24 July 1952, he is also earned the NDSM.  Therefore, administrative correction of the applicant's 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.


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 determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to add the National Defense Service Medal and the Republic of Korea War Service Medal to his DD Form 214.




      _______ _   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)                                         AR20120022019





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ABCMR Record of Proceedings (cont)                                         AR20120022019



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