IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012249
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Combat Infantryman Badge (CIB) for his service in the Republic of Korea (ROK).
2. The applicant states he was awarded the CIB in the ROK by his battalion commander and wore the badge for 13 months while serving in the ROK as well as when he returned to the Ohio Army National Guard (OHARNG). There was never any question about his eligibility to wear the CIB. He has no idea why the CIB was not properly recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the DD Form 214 provided by the applicant is sufficient for the Board to conduct a fair and impartial review of his specific request.
3. The applicant's DD Form 214 shows:
a. he was ordered to active duty from the ARNG;
b. he entered active duty on 6 April 1953;
c. he held military occupational specialty (MOS) 1821 (Unit Supply Specialist);
d. he served overseas for a period of 1 year, 3 months, and 5 days;
e. he was assigned to Headquarters Company, 3d Battalion, 9th Infantry Regiment, at the time of his separation;
f. he was awarded or authorized the:
* National Defense Service Medal
* Korean Service Medal
* United Nations Service Medal
* ROK Presidential Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
g. he was released from active duty in the rank of sergeant first class on 5 January 1955; and
h. he was transferred to the OHARNG to complete his Reserve obligation.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. There are basically three requirements for award of the CIB. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was awarded the CIB for his service in the ROK. He argues that he was awarded this badge and wore it while serving in the ROK and later when he returned to his OHARNG unit.
2. The evidence shows the applicant was assigned to a qualifying infantry unit for award of the CIB. However, the evidence does not clearly show he participated in active ground combat as an infantryman. Furthermore, the evidence indicates he held a unit supply specialist MOS.
3. In view of the above, the applicant's request should be denied.
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) AR20130012249
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ABCMR Record of Proceedings (cont) AR20130012249
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