IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140013975
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 received the Combat Infantryman Badge (CIB) during his service in the Republic of Korea (ROK).
2. The applicant states that his CIB was on his original DD Form 214; however, it was destroyed in the St. Louis fire in 1973.
3. The applicant provides:
* An Army Board for Corrections of Military Records (ABCMR) letter dated 12 March 1998
* A VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim)
* 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 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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the documents he provides and documents in his reconstructed NPRC file.
3. On 14 July 1950, the applicant enlisted in the Regular Army (RA). His assigned military occupational specialty was an artilleryman as shown on his DD Form 214.
4. The applicant's reconstructed record shows he received a letter of appreciation dated 2 May 1953, while assigned to the 1st Field Artillery Observation Battalion in Korea.
5. On 14 July 1953, he was honorably released from active duty after completing 3 years and 1 day of active military service.
6. His DD Form 214 shows he was authorized the United Nations Service Medal and the Korean Service Medal with one bronze service star.
7. On 12 March 1998, the applicant submitted a request to ABCMR to correct his DD Form 214 to show additional awards he received while in service. Pursuant to the applicant's favorable decision by the ABCMR, he received a DD Form 215 (Correction to DD Form 214) which corrected his DD Form 214 to show he was authorized the following awards:
* Korean Service Medal with 3 Bronze Service Stars
* Army Good Conduct Medal
* Meritorious Unit Commendation
* ROK Presidential Unit Citation
* National Defense Service Medal
8. Army Regulation 600-8-22 (Military Awards) states there are 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. Although the applicant states he was awarded the CIB, there is no evidence indicating he held an infantry MOS at any time during his military service, and there is no evidence indicating he was assigned to an infantry regiment or infantry battalion while engaged in active ground combat. Serving as an artilleryman in an artillery unit does not meet the eligibility criteria for award of 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.
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) AR20110015448
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ABCMR Record of Proceedings (cont) AR20140013975
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