IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009656
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 reconsideration of his earlier request to correct his military records by showing he was awarded the Combat Infantryman Badge (CIB). He also requests, as a new issue, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was married.
2. The applicant states his agreement with the Board that his military records were probably destroyed in the 1973 fire. He understands that there was an administrative error that the board corrected by adding the National Defense Service Medal and the Republic of Korea War Service Medal to his DD Form 214. But he thinks that his CIB should also be added as an administrative correction. In support of his contention, he provides a copy of another Solder's DD Form 214 who had served with him in the same unit. His DD Form 214 shows the CIB. He also contends that he was married on 4 November 1951, just 12 days prior to being shipped out to the Republic of Korea, but his DD Form 214 shows he was single.
3. The applicant provides a copy of another Soldier's DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120022019, on 18 June 2013.
2. The original record of proceedings (ROP) indicates that the only document available for review was the applicant's DD Form 214. It showed that he had held military occupational specialty 4745 (Light Weapons Infantryman) and had served overseas for a period of 5 months and 26 days. He had been awarded the Korean Service Medal with a bronze service star and the United Nations Service Medal, indicating that he had served in the combat theater in the Republic of Korea. The CIB was not listed on his DD Form 214.
3. The limited amount of information contained on the applicant's DD Form 214 was insufficient for the Board to conclude he had served in ground combat against the enemy. Therefore, the Board could not award him this badge.
4. A review of the applicant's DD Form 214 and the DD Form 214 of another Soldier, as provided by the applicant, shows that both individuals served on active duty at about the same time and were released from active duty within a week of each other. They also indicate that the applicant was single and the other individual was married. Both were separated in Puerto Rico in July 1952. Both forms indicate that they served in the Republic of Korea and the other soldier received a CIB.
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Chapter 8 states in order to award the CIB a Soldier must hold an infantry specialty and serve in an infantry unit of brigade, regimental or smaller size; and must have been personally present and participated with his infantry unit while it was engaged in active ground combat with enemy forces.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be administratively corrected by showing he was awarded the CIB. He also requests, as a new issue, correction of his DD Form 214 to show he was married.
2. The available evidence is insufficient to show he had served in actual ground combat as an infantryman. Awarding the CIB is not considered an administrative correction because it requires a commander's decision and the publishing of orders.
3. The applicant's statement that he was married in 1951 is not doubted. However, there is no documentary evidence showing that he had notified his chain of command of his marriage. Accordingly, his DD Form 214 was issued as showing him still single. Furthermore, the applicant signed his DD Form 214 indicating his agreement with its contents.
4. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120022019, dated 18 June 2013.
_______ _ 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) AR20140009656
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ABCMR Record of Proceedings (cont) AR20140009656
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