IN THE CASE OF:
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130013790
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:
* he would like the record corrected to reflect he served honorably in the Army and that he is authorized the CIB
* he was in the 5th Cavalry Regiment involved in combat in Kunu-ri, Korea from September 1950 to December 1950
* according to the National Personnel Records Center (NPRC), his records are not on file and were possibly damaged by fire
3. The applicant provides:
* morning reports
* map of Kunu-ri, Korea
* letter, dated 17 July 2013, from NPRC
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
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 records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the applicant'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.
3. His DD Form 214 shows:
* he enlisted in the Regular Army on 17 May 1950 for a period of 3 years
* his specialty number or symbol was 4014 (amphibious wheel vehicle mechanic)
* he was wounded in action on 27 December 1950 in Korea and received the Purple Heart
* he was honorably discharged on 8 December 1951
4. His DD Form 214 does not show award of the CIB.
5. There are no orders for the CIB in the available records.
6. He provides a Morning Report for Company F, 5th Cavalry Regiment, located in Korea, which shows he was assigned to this unit from Company C, 5th Cavalry Regiment on 5 December 1950. This report shows his military occupational specialty (MOS) is unknown.
7. Army Regulation 600-8-22 (Military Awards) states 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 governing regulation for award of the CIB clearly establishes that the CIB may be 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.
2. The available evidence shows the applicant was assigned to an infantry unit during his assignment in Korea and he was wounded in action. However, there is no evidence of record and he provides no evidence which shows he held and served in an infantry MOS. The morning report provided by the applicant shows his MOS is unknown. Regrettably, there is insufficient evidence on which to base award of the CIB.
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) AR20130013790
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013790
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050003210C070206
The applicant requests correction of his records to show award of the Combat Infantryman Badge (CIB). The applicant states that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not reflect his entitlement to the CIB. The applicant’s request that his DD Form 214 be corrected to show award of the CIB was carefully considered.
ARMY | BCMR | CY2008 | 20080017976
The applicant requests, in effect, that his military records be corrected to show: a. the award of the Combat Infantryman Badge (CIB); and b. one silver service star and four bronze service stars to be affixed to his already awarded Korean Service Medal. The applicant requested that his military records be corrected to show the award of the Combat Infantryman Badge, but he did not provide orders awarding him this badge. While the available records show that the applicant was an infantryman...
ARMY | BCMR | CY2006 | 20060011574
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060011574 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2004 | 20040007091C070208
It added the following awards to Item 27: Army Good Conduct Medal, Korean Service Medal, United Nations Service Medal and Republic of Korea Presidential Unit Citation. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the...
ARMY | BCMR | CY2010 | 20100008028
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), Korean "Campaign" Medal with service stars, Republic of Korea Presidential Unit Citation, National Defense Service Medal (NDSM), and any other awards he may be entitled to. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. Army...
ARMY | BCMR | CY2007 | 20070010034
The applicants military records are not available to the Board for review. Due to a fire at the National Personnel Records Center in 1973, the only available record for the Board to consider in its deliberation was his DD Form 214, which shows he held a medical MOS as a Medic and that his significant unit of assignment was the Medical Company of the 5th Cavalry Regiment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2012 | 20120000806
The applicant provides: * DD Forms 214 (Report of Separation from the Armed Forces of the United States) for the periods ending 5 April 1951 and 16 April 1956 * Special Orders (SO) Number 4, dated 4 January 1951 * SO Number 2, dated 2 January 1951 * Standard Form (SF) 88 (Report of Medical Examination) * Letter, dated 26 March 1954, to the Commanding General, Army Finance Center * 50th Anniversary Letter * WD AGO Form 8-33 (Clinical Record Brief) and allied documents * Department of Veterans...
ARMY | BCMR | CY2011 | 20110018068
The applicant requests correction of the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his father, a former service member (FSM), to show award of the Combat Infantryman Badge (CIB), National Defense Service Medal, and United Nations Service Medal. The FSM's service dates in Korea are not known; however, he was issued a DD Form 214 that credited him with completing 8 months and 13 days of foreign service and showing he was assigned to Company L, 34th...
ARMY | BCMR | CY2009 | 20090013248
The applicants military records are not available to the Board for review. Item 27 does not show award of the CIB or the "Combat Service Medal." The applicant contends that his DD Form 214 should be corrected to show award of the CIB, Combat Service Medal, and addition of his MOS.
ARMY | BCMR | CY2010 | 20100028351
Application for correction of military records (with supporting documents provided, if any). The applicant requests the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). The applicant's military records are not available to the Board for review.