IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140007229
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 earned the CIB but it does not appear on his DD Form 214. He was under fire from the Chinese on several occasions. He received combat pay and was assigned to Company M, 31st Infantry Regiment, in 1952.
3. The applicant provides two copies of his DD Form 214 and a letter from the Army Review Boards Agency (ARBA).
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, his available DD Form 214 contains sufficient information for the Board to conduct a fair and impartial review of this case.
3. The available military records show he was inducted into the Army of the United States on 19 June 1951. He was awarded military occupational specialty (MOS) 1816 (Personnel Administrative Supervisor).
4. He was honorably released from active duty on 5 June 1953 and transferred to the Enlisted Reserve Corps after completing 1 year, 11 months, and 17 days of net active service and 1 year, 5 months, and 15 days of foreign service. His DD Form 214 lists in:
* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:
* Army of Occupation Medal (Japan)
* Meritorious Unit Commendation
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* two overseas service bars
* Item 28 (Most Significant Duty Assignment) 31st Infantry Regiment, 7th Division
5. There are no available orders that authorized or awarding him the CIB during this period of service.
6. He provides a copy of a letter from ARBA, dated 13 March 2014, wherein he was advised that his prior request for relief had been administratively closed without prejudice, due to the absence of his military records, which were believed to have been lost in the fire of 1973. In the absence of record evidence to the contrary, it was presumed what the Army did in his case was correct. The burden of proving otherwise was his responsibility. He could reapply at any time if he could submit his separation document and any other necessary supporting documents he felt would substantiate his case.
7. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant completed training, was awarded MOS 1816, and served in Korea. He was assigned to an infantry unit at the time; however, there is no available evidence and he did not provide sufficient evidence that shows he personally participated in active ground combat during his service in Korea or that he held an infantry MOS.
2. To be entitled to award of the CIB, the evidence must show he held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regiment, or smaller size, and he must have served in active ground combat while assigned or attached to this infantry unit during his period of service in Vietnam.
3. In the absence of orders awarding him the CIB and evidence showing he met all the criteria for this award, there is insufficient evidence upon which to base awarding him the CIB and its addition to his DD Form 214.
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) AR20140007229
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ABCMR Record of Proceedings (cont) AR20140007229
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