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ARMY | BCMR | CY2013 | 20130012182
Original file (20130012182.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  26 February 2014

		DOCKET NUMBER:  AR20130012182


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, the son of a deceased former service member (FSM), requests his deceased father be awarded the Combat Infantryman Badge (CIB) for his service in the Republic of Korea.

2.  The applicant states his father was assigned to the Harbormaster's Office in Pusan, Korea in 1954.  In June 1955, his father was transferred to Company G, 17th Infantry Regiment, near the demilitarized zone (DMZ).

3.  The applicant provides his father's New York City Certificate of Death; his New York City Certification of Birth; an extract of an evaluation his father received in October 1954; and four photos that show his father at various times and in various activities during his period of military service.

CONSIDERATION OF EVIDENCE:

1.  The FSM'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 1973.  It is believed that the FSM's 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.

2.  On 13 November 1953, the FSM was inducted into the Army of the United States.  He completed his initial training requirements and he was awarded military occupational specialty (MOS) 719.10 (Movement Specialist).  
3.  On 27 October 1955, the FSM was honorably released from active duty and transferred to the U.S. Army Reserve.  He completed a total of 1 year, 11 months, and 15 days of creditable active service, including 1 year, 3 months, and 15 days that was foreign service.  His most significant duty assignment (i.e., last duty assignment) was with Company G, 17th Infantry Regiment.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Korean Service Medal, the United Nations Service Medal, and the Army Good Conduct Medal.

5.  There is no documentation in the FSM's reconstructed record that shows the unit or units he was assigned to during his service in the Republic of Korea.  Similarly, there is no documentation in the FSM's reconstructed record that shows he was awarded the CIB.

6.  The applicant provides an extract of an evaluation his father received in October 1954 and four photos that show his father at various times and in various activities during his period of military service.  None of the submitted evidence conclusively shows the FSM's participation in combat operations or his engagement with the enemy while assigned or attached to an infantry unit. 

7.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's available record is void of any substantiating evidence that shows he meets the eligibility criteria for award of the CIB; his record does not show he served in an infantry MOS, or that shows he was an active participant in ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

2.  In the absence of official orders or other documentary evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.

3.  Nevertheless, this action in no way diminishes the sacrifices made by the applicant's father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father's service in arms.

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 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)                                         AR20100016437



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ABCMR Record of Proceedings (cont)                                         AR20130012182



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