BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20130001254 


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. 

2.  The applicant states he was assigned to Company I, 224th Infantry Regiment, 40th Infantry Division, which saw action in Korea for which he was awarded the Purple Heart.  He held an infantry military occupational specialty and he believes he met the requirements for award of the Combat Infantryman Badge. 

3.  The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 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 St. Louis, MO, in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army on 11 October 1950.  This form also shows, at the time of his separation, he held MOS 1745 (Light Weapons Infantryman) and his most significant duty assignment (i.e., last duty assignment) was with Company I, 224th Infantry Regiment, 40th Infantry Division.  

4.  His DD Form 214 also shows he completed 1 year, 11 months, and 24 days of creditable active service, of which 1 year, 5 months, and 25 days was foreign service.  He was honorably discharged on 4 October 1952.  

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Purple Heart, awarded by General Orders Number 39, dated 17 May 1952
* Army of Occupation Medal (Japan)
* One overseas service bar
* Korean Service Medal with four bronze service stars
* United Nations Service Medal

6.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "Right hand, shrapnel, 27 May 1952, Near Kumson, Korea." 

7.  There are no orders awarding him the Combat Infantryman Badge.

8.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge 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.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Combat Infantryman Badge is awadred to enlisted, warrant., and commissioned officers (below colonel).  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.  

	 b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	c.  The Republic of Korea War Service Medal 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.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for
30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier:

* must be an infantryman satisfactorily performing infantry duties
* must be assigned to an infantry unit during such time as the unit is engaged in active ground combat
* must actively participate in such ground combat

2.  The applicant served in the Army from 11 October 1950 to 4 October 1952.  He served in Korea, held an infantry MOS, was assigned to an infantry unit, and he was wounded by shrapnel in Korea on 27 May 1952 and awarded the Purple Heart.  He appears to have met the criteria for the Combat Infantryman Badge and should be entitled to this award and correction of his records to show it. 

3.  He served a qualifying period of service for entitlement to the National Defense Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.
BOARD VOTE:

__X___  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Combat Infantryman Badge for action on 27 May 1952
* adding to his DD Form 214 the:

* Combat Infantryman Badge
* National Defense Service Medal
* Republic of Korea War Service Medal



      _______ _   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)                                         AR20130001254





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ABCMR Record of Proceedings (cont)                                         AR20130001254



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