IN THE CASE OF:
BOARD DATE: 26 May 2014
DOCKET NUMBER: AR20130018533
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) and the Republic of Korea Presidential Unit Citation (ROKPUC).
2. The applicant states the above awards were issued after he was discharged from the service. The correction would correct his records to show all awards he earned in service. During the Korean War he served with the 3rd Infantry Division, 3rd Regimental Combat Team.
3. The applicant provides his 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 applicants 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 applicants records were lost or destroyed in that fire. This case is being considered using the applicant's DD Form 214.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
12 May 1949. He served overseas for a period of 1 year, 3 months, and 4 days. Item 5 (Specialty Number or Symbol) shows 3097 (Telephone Installer). Item 28 (Most Significant Duty Assignment) shows the 7th Armored Division (Separate). He was honorably discharged on 4 August 1952 after completing
3 years, 2 months, and 23 days of creditable active service.
4. Item 27 (Decorations, Medals, Commendations, Citations and Campaign Ribbons or Authorized) of his DD Form 214 shows he was awarded the:
* Army of Occupation Medal with Japan clasp
* Meritorious Unit Commendation
* Korean Service Medal with three bronze service stars
5. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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. There is no evidence the applicant served as an infantryman in an infantry unit while the unit was engaged in active ground combat. In the absence of such evidence, there is no basis for awarding the CIB.
2. The available record does not show which unit the applicant was assigned to during his service in Korea. In the absence of official documentation showing his unit of assignment in Korea, it is not possible to determine whether he served in a unit that was awarded the ROKPUC.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his 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 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) AR20130018533
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130018533
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 20040011585C070208
The applicant states that his DD Form 214 incorrectly lists his most significant duty assignment as a tanker with Tank Company, 15th Infantry at Fort Benning, Georgia, when in fact it was as an infantryman with the 40th Recon Company in Korea. 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. The Board determined that the evidence presented was sufficient to warrant a...
ARMY | BCMR | CY2010 | 20100028343
The applicant's complete military record is not available to the ABCMR for review. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the: * Korean Service Medal with two bronze service stars * Purple Heart * United Nations Service Medal 5. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and...
ARMY | BCMR | CY2009 | 20090002320
The applicant, as the son of a deceased former service member (FSM), requests that his late father's military records be corrected to show the Presidential Unit Citation (PUC), the Republic of Korea Presidential Unit Citation (ROKPUC), the Republic of Korea War Service Medal, the Combat Infantryman Badge (CIB), the Meritorious Unit Commendation (MUC), the Armed Forces Reserve Medal (AFRM), the Supreme Headquarters Allied Powers Europe (SHAPE) Badge, the Polish Guard Badge, and a letter of...
ARMY | BCMR | CY2006 | 20060006693C070205
The applicant requests, in effect, that he be awarded the Korea Defense Service Medal (KDSM), the Republic of Korea Presidential Unit Citation (ROKPUC), the Combat Service Commemorative Ribbon, the Combat Infantryman Badge (CIB), the Senior Parachutist Badge and the Glider Badge and that his records be corrected to reflect those awards. The applicant’s military records are not available to the Board for review. The applicant was honorably discharged on 29 August 1952 and has had no further...
ARMY | BCMR | CY2003 | 2003087518C070212
The applicant’s military records were not available to the Board for review. Lacking any derogatory information on file that would have disqualified him from receiving the AGCM, or of a specific disqualification from any of his active duty unit commanders, the Board concludes that the applicant is entitled to the first award of the AGCM for his qualifying period of honorable active duty service from 27 November 1951 through 18 November 1953. The Board notes the applicant’s request that...
ARMY | BCMR | CY2006 | 20060008649C071029
The applicant requests that the record and separation document (DD Form 214) of her deceased husband, a former service member (FSM), be corrected to add the Korean Campaign Ribbon, now known as the Korean Service Medal (KSM), with 3 bronze service stars, American Theater Service Medal, now known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World War II Victory Medal. Army Regulation 600-8-22...
ARMY | BCMR | CY2004 | 2004103966C070208
The applicant’s Service Record (DD Form 230) that documents his active duty service between 11 July 1952 and 2 July 1954 confirms he served in the Heavy Mortar Company, 23rd Infantry Regiment, 2nd Infantry Division, in Korea from 16 June 1953 through 9 June 1954. The DD Form 230 does confirm the applicant was credited with participating in the Korea Summer-Fall 1953 campaign and that he earned the following awards during his active duty tenure: Korean Service Medal (KSM) with 1 bronze...
ARMY | BCMR | CY2009 | 20090003768
IN THE CASE OF: BOARD DATE: 9 July 2009 DOCKET NUMBER: AR20090003768 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show combat service in Korea and award of the Combat Infantryman Badge (CIB). Army veterans and service members who served in Korea on the DMZ between 4 January 1969 to 31 March 1994 and meet the general criteria for award of the CIB, may submit an application (to...
ARMY | BCMR | CY2011 | 20110014003
That regulation stated item 10 of the DD Form 214 would contain the DOB taken from the Soldier's personnel record. Although he has provided copies of his birth certificate which show his correct DOB as x Axxxxx xxx3 his Record of Induction and all other official documents in his military personnel file show his DOB as x Jxxxxxx xxx2. 9. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB for his...
ARMY | BCMR | CY2014 | 20140018868
The applicant requests, in effect, that item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to add the 15th Infantry Regiment, 3rd Infantry Division, thereby authorizing him award of the Combat Infantryman Badge (CIB). There is no evidence and the applicant did not provide sufficient evidence to show he was eligible and/or entitled to the award of the CIB. _______ _ x_______ ___ CHAIRPERSON I certify...