IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140006176
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 add the Combat Infantryman Badge.
2. The applicant states he was an active combatant in Korea with the 24th Infantry Division and he was assigned as a rifleman with the 5th regimental team. His unit was assigned to confront the Chinese in the event of an assault. He was under fire constantly from mortars and artillery from the Chinese. He carried an M-1 rifle and engaged the enemy. He subsequently volunteered as a litter bearer to pick up and give aid to the wounded.
3. The applicant provides a document cover page from the Veterans Service Office, his Honorable Discharge Certificate, and 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 3Â 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 was inducted into the Army of the United States and entered active duty on 27 February 1951. He held military occupational specialty (MOS) 3666 (Medical Aidman) and attained the rank of sergeant.
3. His DD Form 230 (Service Record) shows he was assigned to the 5th Infantry Regiment from 17 August 1951 to on or around 9 June 1952.
4. His DA Form 20 (Soldier's Qualification Card) shows he was assigned to Korea and served with the Medical Company, 5th Infantry Regiment from
17 August 1951 to on or around 12 June 1952 and during this time he attended the medical aidman course and served as a litter bearer, an assistant squad leader, and a squad leader.
5. His records do not contain orders awarding him the Combat Infantryman Badge.
6. He was honorably released from active duty on 1 December 1952. His DD Form 214 shows his MOS as 3666, his most significant assignment as the Medical Company, 5th Infantry Regiment, and does not list the Combat Infantryman among his awards. It does list the Combat Medical Badge.
7. 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
DISCUSSION AND CONCLUSIONS:
1. There are 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. The applicant did not hold an infantry MOS and is therefore not entitled to award of the Combat Infantryman Badge.
2. This action in no way diminishes the sacrifices made by the applicant in 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) AR20140006176
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006176
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015483
A copy of a certificate of proficiency, dated 19 April 1952, issued by the Japan Logistical Command, that shows he successfully completed the medical aidman course of instruction and is qualified as a medical aidman in MOS 3666. c. A copy a witness statement, dated 9 September 1997, wherein an individual states that he served in the same outfit as the applicant from April 1952 to December 1952 and that the applicant's position was battery medical aidman with the 936th Artillery Battalion. ...
ARMY | BCMR | CY2002 | 2002068820C070402
Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. However, there is no evidence of record available to the Board which shows the applicant served in an infantry MOS, or that he served in an infantry unit or infantry position in combat during his assignment in Korea. However, in the absence of orders or other evidence of record...
ARMY | BCMR | CY2009 | 20090004771
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Medical Badge and four additional bronze service stars to be affixed to his Korean Service Medal. Records show the applicant participated in two campaigns during his assignment in Korea. Army Regulation 600-8-22 further provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for...
ARMY | BCMR | CY2014 | 20140010076
The applicant requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show any and all awards and decorations he was awarded during his term of service. c. item 27 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized: * Army Occupation Medal (Japan) * Korean Service Medal with four bronze service stars * United Nations Ribbon (now titled the United Nations Service...
ARMY | BCMR | CY2010 | 20100019735
There are no orders or other evidence in the applicant's military service records that shows he was awarded the Purple Heart. There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge. In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090017350
In support of his application, he provides copies of his 1952 assignment orders, his Purple Heart orders, a DD Form 667 (Claim for Combat Pay), his DD Form 214, articles from his hometown newspaper, and letters from the National Personnel Records Center and the Army Board for Correction of Military Records (ABCMR). The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2006 | 20060012393
The applicantÂ’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal, but it does not show that he was awarded any bronze or silver service stars to signify campaign participation credit. Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show this award. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding...
ARMY | BCMR | CY2006 | 20060012315
The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp, and correction of his military records to show this award. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. awarding him the Army of Occupation Medal with Germany Clasp and the Meritorious Unit Commendation; and b. showing...
ARMY | BCMR | CY2013 | 20130021220
The applicant requests award of the Army Good Conduct Medal and the Combat Medical Badge. The applicant served a qualifying period of service for award of the National Defense Service Medal; therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the period 30 June 1949 through 29 June 1952 * adding to his...
ARMY | BCMR | CY2006 | 20060012098
The evidence of record shows that the applicant was awarded the Korean Service Medal and that he participated in 2 campaigns in Korea. Therefore, it would be appropriate to correct his records to show these two badges. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat Infantryman Badge for satisfactory performance of duty in ground combat against enemy ground forces from 4 November...