BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130003137 


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 his company was under fire for many months, he received combat pay, and a friend and fellow member of the
16th Reconnaissance Company, 1st Cavalry Division was killed in action.  This Soldier should also be awarded the Combat Infantryman Badge.

3.  The applicant provides copies of a Certification of Military Service, DD Form 214 (Report of Separation from the Armed Forces of the United States), and one page showing war casualties in Korea for the 16th Reconnaissance Company, 1st Cavalry Division.

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 service records were damaged in the fire at the National Personnel Records Center in 1973.  Many of the documents have illegible entries or are stuck together.  However, the majority of his record is sufficiently legible to allow the Board to conduct a fair and impartial review of this case.  

3.  The applicant enlisted in the Regular Army on 20 August 1948.  He completed training and he was awarded the military occupational specialty (MOS) 3766 (High Speed Radio Operator).

4.  He served in Japan with the 8th Army Communications Center and the 803rd Signal Service Company from 3 October 1949 through 17 July 1950.  He then served in Korea with the 13th Signal Company, 1st Cavalry Division from 22 July 1950 through 8 August 1950 and with the 16th Reconnaissance Company,
1st Cavalry Division from 9 August 1950 through 16 April 1951.

5.  The fellow Soldier the applicant refers to is shown to have been a low speed radio operator with the 16th Reconnaissance Company who was killed in action on 10 September 1950.

6.  Review of the Korean Casualty File confirms the other Soldier is listed as killed in action on 10 September 1950.  The applicant's name is not listed as a casualty on this file.

7.  Army Regulation 600-8-22 (Military Awards) states the following requirements for award of the Combat Infantryman Badge:

	a.  a Soldier must have an infantry MOS;

	b.  they must satisfactorily perform infantryman duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat;

	c.  they must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy; and

	d.  campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

8.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

9.  Army Regulation 15-185, the regulation under which this Board operates, states in paragraph 2-3 that an applicant with a proper interest may request correction of another person’s military records when that person is incapable of acting on his or her own behalf, missing, or deceased.  Depending on the circumstances, a child, spouse, parent, or other close relative, heir, or legal representative (such as a guardian or executor) of the Soldier or former Soldier may be able to demonstrate a proper interest.  Applicants must send proof of proper interest with the application when requesting correction of another person’s military records.

DISCUSSION AND CONCLUSIONS:

1.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to insure that all Soldiers have the survival skills to perform basic infantry missions should the need arise.

2.  The applicant served in Korea as a high speed radio operator.  This MOS is a Signal Corps MOS, not an Infantry MOS.

3.  There is no evidence of record and he did not provide any evidence that shows he was awarded and held an infantry MOS, and that he satisfactorily performed infantryman duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

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

5.  Regarding award of the Combat Infantryman Badge for his fellow Soldier who was killed in action, per Army regulation, the applicant does not have proper interest in this case.  Therefore, there is no basis for considering this portion of the applicant's request.






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)                                         AR20130003137



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ABCMR Record of Proceedings (cont)                                         AR20130003137



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