IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130006697
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 Action Badge (CAB).
2. The applicant states he was wounded in action in Korea and he was awarded the Purple Heart. He did not qualify for award of the Combat Infantryman Badge because he was an artillery forward observer. However, with the establishment of the CAB, he should qualify for that award.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a page from the Society of the Third Infantry Division newsletter announcing creation of the CAB.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 18 October 1950. He completed training and was transferred to Korea for assignment to Battery B, 10th Artillery Regiment, 3d Infantry Division.
4. On 3 June 1951, he received a gunshot wound to the right side of his back in Chorwon, Korea, and was awarded the Purple Heart.
5. On 13 August 1952, he was honorably released from active duty and transferred to the Enlisted Reserve Corps. His DD Form 214 shows he was awarded or authorized the Korean Service Medal with one bronze service star, Purple Heart, and United Nations Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the CAB are branch and specialty immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for award of the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge. Award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the CAB are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the CAB has been carefully considered.
2. While he would have qualified for award of the CAB had it been an authorized award at the time, the CAB was not authorized for issue and wear until 2001 and it was not authorized for retroactive award prior to 18 September 2001. Accordingly, he is not authorized award of the CAB.
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20130006697
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ABCMR Record of Proceedings (cont) AR20130006697
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