BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140003831
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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show award of the Combat Infantryman Badge (CIB).
2. The applicant states he is a Korean War veteran. He volunteered for the draft and was in the Army from May 1953 to May 1955. He was assigned to the 19th Regiment, 24th Infantry Division. They were in many firefights and small arms skirmishes, even after the Korean War cease fire. Their officer's mess was even destroyed. His company commander said they should all be awarded the CIB. He was never officially awarded the CIB.
3. The applicant provides copies of:
* his DD Form 214
* a XXI United States Army Corps, letter, subject: Enlisted Reservist Discharge
* Honorable Discharge Certificate
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 applicants 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 applicants 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 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 his records were lost or destroyed in that fire.
3. The only available records are the Honorable Discharge Certificate and the DD Form 214 provided by the applicant. The DD Form 214 shows:
a. He was inducted into the Army on 20 May 1953. He held MOS 1812 (Heavy Weapons Infantryman);
b. His most significant (i.e., his last) duty assignment was with Company M, 19th Infantry Regiment in Korea;
c. He was released from active duty on 12 May 1955. He had completed
1 year, 11 months, and 23 days of creditable active military service, of which
1 year, 6 months, and 5 days were foreign service.
d. His awards are shown as the National Defense Service Medal, Korean Service Medal, and the United Nations Service Medal.
4. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat. The CIB is authorized for award for the following qualifying wars, conflicts, and operations including the Korean War from 27 June 1950 to 27 July 1953.
5. Army Regulation 600-8-22 states the eligibility ending period for the Korean Service Medal and the United Nations Service Medal is 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the CIB. His unit was involved in many firefights and small arms skirmishes, even after the Korean War cease fire. His company commander said they should all be awarded the CIB.
2. The applicants last unit of assignment was in Korea, and he served overseas for 1 year, 6 months, and 5 days. Since he separated on 12 May 1955, that means the earliest he could have arrived in Korea would have been around November 1953.
3. Unfortunately, the ending period for award of the CIB for the Korean War was Conflict was 27 July 1953.
4. 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:
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) AR20110012948
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ABCMR Record of Proceedings (cont) AR20140003831
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