IN THE CASE OF: BOARD DATE: 4 January 2011 DOCKET NUMBER: AR20100017760 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 (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. He states that he believes his records did not keep up with him while he was in Korea. 3. He provides a DA Form 1577 (Authorization for Issuance of Awards), dated 28 March 2000, in support of his application. 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 Board 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. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. He enlisted in the Illinois Army National Guard on an unknown date and he entered active duty on 15 February 1952. 4. His DD Form 214 shows the following data: * Item 4 (Component and Branch or Class) – National Guard and Infantry Branch * Item 5 (Specialty Number or Symbol) – “NA” * Item 26 (Foreign and/or Sea Service) – 11 months and 25 days * Item 28 (Most Significant Duty Assignment) – Heavy Mortar Company, 35th Infantry Regiment, Army Post Office 971 (Korea) 5. He was released from active duty on 30 September 1953. His DD Form 214 does not show the CIB as an authorized award. 6. He provided a DA Form 1577, dated 28 March 2000, which shows he was issued a CIB. 7. Army Regulation 600-8-22 (Military Awards) states 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. DISCUSSION AND CONCLUSIONS: 1. The applicant’s states his records did not keep up with him while he was in Korea. However, no evidence is available which supports his claim. 2. His DD Form 214 shows his most significant duty assignment was the Heavy Mortar Company, 35th Infantry Regiment. However, no evidence is available which shows he was an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat. 3. Although he provided a DA Form 1577, dated 28 March 2000, which shows he was issued a CIB, there is insufficient evidence on which to show he met all the criteria of award of the badge and therefore insufficient evidence on which to base correction of his records to show 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) AR20100017760 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100017760 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1