BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140006731
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 he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states he was not awarded the CIB even though the injuries he received in Kujong, Korea, caused him to be medically retired.
3. The applicant provides copies of newspaper articles 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 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 WD AGO Form 20 (Soldier's Qualification Record) shows he:
a. enlisted in the Regular Army on 20 August 1948; and
b. held military occupational specialty (MOS) 4014 (Wheel Vehicle Mechanic).
3. His DD Form 214 shows he:
a. retired due to physical disability effective 30 September 1951 as a corporal;
b. entered active duty on 20 August 1948;
c. served overseas for a period of 1 year, 9 months, and 16 days;
d. was assigned to Company B, 2d Combat Engineer, 2d Infantry Division;
e. was awarded or authorized the Purple Heart and Korean Service Medal; and
f. received shrapnel wounds on 28 November 1950 at Kujong, Korea.
4. The applicant provides copies of newspaper articles revealing he was hospitalized as a result of wounds received in action in North Korea.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. 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 applicant contends that his DD Form 214 should be corrected to show he was awarded the CIB. He was not awarded the CIB even though the injuries he received in Kujong, Korea, caused him to be medically retired.
2. The available evidence clearly shows the applicant served in Korea and he was wounded by enemy action, for which he received the Purple Heart; however, there is no available evidence showing he held an eligible MOS for award of the CIB. Therefore, his request should be denied.
3. In view of the above, the applicant's request should be denied.
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) AR20130012249
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ABCMR Record of Proceedings (cont) AR20140006731
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