Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150000099
Original file (20150000099.txt) Auto-classification: Denied

		IN THE CASE OF:  	  

		BOARD DATE:  25 August 2015	  

		DOCKET NUMBER:  AR20150000099 


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 the Combat Infantryman Badge be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he was awarded the Combat Infantryman Badge that was presented to him at Fort Chaffee before his discharge.  The reason for the award was for his coming under fire for over 24 hours during Operation Big Switch in August 1953.  He was serving with the 13th Transportation Helicopter Company at the time. 

3.  The applicant provides copies of his DD Form 214, a National Personnel Records Center (NPRC) letter listing his authorized awards, one page of a unit history, and a magazine article.

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.  It is believed that the applicant's military records were lost or destroyed in the NPRC fire of 1973.  Information herein was obtained from reconstructed personnel records.

3.  The available DD Form 214 provides the following information —

* active duty service from 6 August 1952 through 8 July 1954
* 1 year, 2 months, and 22 days of foreign service
* award of the military occupational specialty 1641 (Wire Chief, field)
* award of the Korean Service Medal, United Nations Service Medal, National Defense Service Medal, and the Good Conduct Medal

4.  Neither the unit history nor the magazine article cite the applicant by name.

5.  Operation Big Switch began in August 1953 and lasted until December. Operation Big Switch was the name of the operation for the repatriation of all remaining prisoners of the Korean War.  Ceasefire talks had been going on between communist and United Nations (UN) forces since 1951, with one of the main stumbling blocks being the communist insistence that all prisoners be returned home, with the UN insisting that prisoners who wished to remain where they were be allowed to do so.  Talks dragged on for 2 years until the Chinese and North Koreans relented on this point, and the Korean Armistice Agreement was signed on 27 July 1953.  

6.  Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the Combat Infantryman Badge.  In effect, that paragraph states that there are three basic requirements for award of the Combat Infantryman Badge.  An enlisted Soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Personnel with other than an infantry or Special Forces military occupational specialty are not eligible, regardless of the circumstances.  

DISCUSSION AND CONCLUSIONS:

1.  Operation Big Switch was not a combat operation but a diplomatic endeavor to arrange for prisoners' exchange.

2.  The applicant's contention that he was awarded or is entitled to the Combat Infantryman Badge is not supported by the available evidence.  There is no evidence he was awarded an infantry specialty, performed infantry duties while assigned or attached to an infantry unit or that he was personally present and under hostile fire while serving in an infantry unit.

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)                                         AR20150000099





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000099



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090003232

    Original file (20090003232.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's military records to show award of the Purple Heart, Prisoner of War (POW) Medal, and any other awards that he should have received. The FSM's DD Form 214 ending 1 November 1953 shows: a. that the FSM enlisted on 5 October 1949 for 3 years; b. that the FSM served with Company L, 38th Infantry Regiment, in the Republic of Korea; c. that the FSM was an infantryman; d. that the FSM served...

  • ARMY | BCMR | CY2005 | 20050003851C070206

    Original file (20050003851C070206.doc) Auto-classification: Approved

    The applicant submitted a letter from the Military Awards Branch, dated 7 May 2003, which stated that the Army's Awards and Decorations Program verified that the FSM is entitled to the Korean Service Medal with four bronze service stars, the National Defense Service Medal, the United Nations Service Medal, the Good Conduct Medal, the Prisoner of War Medal, the Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal. The applicant submitted a letter, dated...

  • ARMY | BCMR | CY2008 | 20080018178

    Original file (20080018178.txt) Auto-classification: Approved

    The applicant requests, in effect, that the words "Not Verified" for awards of the Purple Heart (PH) and the Combat Infantryman Badge (CIB) [annotated as "CIBAD" on his DD Form 214 (Report of Separation from the Armed Forces of the United States), with the period ending 14 October 1953], be deleted. Therefore, it would be appropriate at this time to award the applicant the first award of the Good Conduct Medal and to correct his records to show this award. As a result, the Board recommends...

  • ARMY | BCMR | CY2009 | 20090019656

    Original file (20090019656.txt) Auto-classification: Approved

    The applicant's records contain two DD Forms 214. The versions of the applicant's DD Form 214 differ in two respects – one is signed and the other is unsigned by the applicant, and they contain different awards, as follows: Unsigned DD Form 214 Signed DD Form 214 * Korean Service Medal (KSM) * Korean Service Medal/Ribbon * Combat Infantryman Badge * Purple Heart * Army of Occupation Medal/Japan * UN Service Medal * 2 Bronze Service Stars for KSM 6. As a result, the Board recommends that...

  • ARMY | BCMR | CY2012 | 20120006668

    Original file (20120006668.txt) Auto-classification: Approved

    He also states he was awarded the: * Army Good Conduct Medal * National Defense Service Medal * Korean Service Medal * Korea Defense Service Medal * Korean War Commemorative Medal * Combat Infantryman Badge 4. The available evidence does not show he completed a qualifying period of service in Korea on or after 28 July 1954 for award of the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2009 | 20090004533

    Original file (20090004533.txt) Auto-classification: Approved

    The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a separation date of 24 October 1953, an undated newspaper clipping, and a letter from the mayor of New York City dated 21 October 1953. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2003 | 2003085695C070212

    Original file (2003085695C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to add the United Nations Service Medal, the Lapel Button for World War II, the Prisoner of War (POW) Medal, and to show he is authorized to wear 2 or 3 bronze service stars with the Korean Service Medal. His DD Form 214 shows he was awarded the Combat Infantryman Badge, the Korean Service Medal with 1 bronze service star, and the United Nations Service...

  • ARMY | BCMR | CY2011 | 20110015585

    Original file (20110015585.txt) Auto-classification: Approved

    The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...

  • ARMY | BCMR | CY2008 | 20080017976

    Original file (20080017976.txt) Auto-classification: Approved

    The applicant requests, in effect, that his military records be corrected to show: a. the award of the Combat Infantryman Badge (CIB); and b. one silver service star and four bronze service stars to be affixed to his already awarded Korean Service Medal. The applicant requested that his military records be corrected to show the award of the Combat Infantryman Badge, but he did not provide orders awarding him this badge. While the available records show that the applicant was an infantryman...

  • ARMY | BCMR | CY2010 | 20100000539

    Original file (20100000539.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the last DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased father, a former service member (FSM), to show the Purple Heart, Bronze Star Medal, Prisoner of War Medal, and any Vietnam and Korea awards not already listed. This regulation: a. states that for item 24 of the DD Form 214 enter from section 9, DA Form 20,...