IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130004856 


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:

	a.  when he volunteered to go to Korea, he was not informed that any firefights were to be reported and

	b.  while serving as a truck guard in 1951, he had firefights from Inchon to Seoul, Korea over the mountain top where he was surrounded by the enemy.
   
3.  The applicant provides no additional documents.

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 Form 214. 

3.  The applicant enlisted in the Regular Army (RA)on 8 May 1950.  His DD Form 214 does not specifically list his assigned primary military occupational specialty (MOS); however, it shows his component and branch classification as 
"RA – SIG C(ORPS).”  It also shows in 1951 he completed the 8-week "Cook" course at Camp Chaffee, AR.

4.  His DD Form 214 further shows:

	a. he was honorably discharged on 18 April 1953;

	b.  he completed 2 years, 11 months, and 6 days of net active service, including 1 year, 4 months and 12 days of foreign service;

	c.  his most significant duty assignment was in MOS 1824 (Mess Steward) with the 58th Signal Support Company; however, it does not provide any evidence of his foreign unit of assignment; and

	d.  he was awarded or authorized the:

* Korean Service Medal with two bronze service stars
* United Nations Service Medal

5.  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 ever recommended for or awarded the CIB during his tenure on active duty.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  It states:

	a.  In order to award the CIB a Soldier 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.
	b.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and 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 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.  The applicant's entire military record is not available for review.

2.  The available evidence does not show the applicant's assigned primary MOS. It does show he was in the Signal Corps and that his most significant unit of assignment was in MOS 1824 with the 58th Signal Company.  There is no evidence to show he held an infantry MOS; 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. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

3.  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.

4.  However, the applicant's record contains administrative errors that do not require action by the Board.  His award of the Korean Service Medal and the United Nations Service Medal confirms his service in Korea that also entitles him to the Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  He also served during a qualifying period of service for entitlement to the National Defense Service Medal.  Therefore, it would be appropriate at this time to add this award to his DD Form 215.

6.  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 an 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)                                         AR20130004856



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ABCMR Record of Proceedings (cont)                                         AR20130004856



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