IN THE CASE OF: BOARD DATE: 12 July 2012 DOCKET NUMBER: AR20120001216 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 his military occupational specialty (MOS) as an infantryman. 2. The applicant states that he served in the Republic of Korea (ROK) as an infantryman during the conflict. When he returned to the United States he was trained as a cook. He contends that he was awarded a secondary MOS as a cook. 3. The applicant provides a copy of his 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 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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. The DD Form 214 provided by the applicant is the only available record and will be used by the Board to conduct a review of this specific request. 3. The applicant's DD Form 214 shows that: a. he enlisted in the Regular Army on 4 May 1949; b. he served overseas for a period of 1 year, 7 months, and 13 days; c. he was wounded twice in action, once on 10 February and again on 8 March 1951; d. he was awarded two Purple Hearts, the Korean Service Medal, the United Nations Service Medal, and the Combat Infantryman Badge; e. he attended the Food Service School during September to November 1951 and was awarded MOS 3060 (Cook); f. he was discharged on 5 August 1952 with an honorable characterization of service; and g. he had attained the rank of corporal and completed 3 years, 3 months, and 2 days of creditable active duty service. 4. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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. The applicant contends that his DD Form 214 should be corrected to show he held an infantryman MOS. 2. A review of the applicant's DD Form 214 clearly shows that he served in the ROK during a period of conflict and was awarded the Combat Infantryman Badge. Furthermore, he was wounded twice while in action. His being wounded in action and awarded the CIB clearly indicate that he was an infantryman during this period of service. 3. Unfortunately, without a copy of his military personnel records, it is impossible to determine accurately whether he was awarded a secondary MOS as a cook after his return from the combat theater. Furthermore, it is impossible to determine which infantry MOS he may have held during this same period. 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 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) AR20120001216 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001216 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1