IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140018868
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, in effect, that item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to add the 15th Infantry Regiment, 3rd Infantry Division, thereby authorizing him award of the Combat Infantryman Badge (CIB).
2. He states his DD Form 214 correctly shows that he was assigned to the 24th Infantry Division during the Korean War. However, he was also assigned to the 15th Infantry Regiment, 3rd Infantry Division while on the Korean Demilitarized Zone. He maintains this correction would entitle him to wear the CIB.
3. The applicant provides:
* a self-authored statement
* DD Form 214
* newspaper article
* 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 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 military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 13 January 1954. He was honorably discharged on
2 November 1955 and credited with completing 1 year, 9 months, and 20 days of active duty service.
4. His DD Form 214 shows in:
* Item 5 (Qualification), 711.10 (Clerk Typist)
* Item 26 (Foreign and/or Sea Service), 1 year, 4 months and 16 days
* Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):
* Korean Service Medal
* Good Conduct Medal
* United Nations Service Medal
* National Defense Service Medal
* Item 28, 24th Military Police Company
5. The applicant provided a certificate with the CIB emblem that states he served with distinction with the 15th U.S. Infantry in Korea.
6. There is no evidence showing the applicant held an infantry military occupational specialty while assigned to an infantry unit and was personally present while that unit was engaged in active ground combat.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidelines for the preparation of the DD Form 214. The regulation stated that all available records would be used for the preparation of this form. The regulation provided a brief description of each entry made on the form. In item 28, the preparer was to enter the individual's most significant unit of assignment.
8. Army Regulation 600-8-22 (Military Awards) provides that all Soldiers are provided basic combat skills training upon entering the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge. 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. Although the certificate verifies that the applicant served with the 15th Infantry Regiment in Korea, his most significant unit of assignment was listed as the 24th Military Police Company. There is no evidence indicating this entry was incorrect.
2. There is no evidence and the applicant did not provide sufficient evidence to show he was eligible and/or entitled to the award of the CIB. Although he served with the 15th Infantry Regiment in Korea, there is no evidence to indicate he was assigned to the unit and he physically participated in combat while the unit was actively engaged with the enemy. Additionally, there is no evidence to show he was an infantryman performing infantry duties during his service in Korea. His available record shows he was a clerk typist. Based on a lack of evidence he did not meet the minimum eligibility criteria for award of the CIB.
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) AR20140018868
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ABCMR Record of Proceedings (cont) AR20140018868
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