BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20140000145
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 the Combat Infantryman Badge (CIB).
2. He states he spent 10 months on the front lines in Korea. He was awarded the CIB, but it was not entered on his DD Form 214.
3. He provides 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 members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the DD Form 214 he provided.
3. On 13 February 1951, he was inducted into the Army of the United States. On 12 November 1952, he was honorably released from active duty and transferred to the Enlisted Reserve Corps.
4. His DD Form 214 shows in:
* item 4 (Component and Branch or Class) he served in the Armor Branch
* item 5 (Qualifications) he held military occupational specialty (MOS) 3660 (Track Vehicle Mechanic)
* item 26 (Foreign and/or Sea Service) 11 months and 14 days
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
* item 28 (Most Significant Duty Assignment) he was assigned to a heavy tank company in the 45th Infantry Division in Korea
5. Army Regulation 600-70 (Badges), in effect at the time, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. Commanding officers of infantry regiments and separate infantry battalions were the award authorities.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant states he was awarded the CIB, there is no evidence indicating he held an infantry MOS at any time during his Army service, and there is no evidence indicating he was assigned to an infantry regiment or infantry battalion. Serving in a heavy tank company in Korea would not have met the eligibility requirements for the CIB.
2. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He 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) AR20140000145
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