IN THE CASE OF: BOARD DATE: 15 April 2014 DOCKET NUMBER: AR20130013790 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 award of the Combat Infantryman Badge (CIB). 2. The applicant states: * he would like the record corrected to reflect he served honorably in the Army and that he is authorized the CIB * he was in the 5th Cavalry Regiment involved in combat in Kunu-ri, Korea from September 1950 to December 1950 * according to the National Personnel Records Center (NPRC), his records are not on file and were possibly damaged by fire 3. The applicant provides: * morning reports * map of Kunu-ri, Korea * letter, dated 17 July 2013, from NPRC * DD Form 214 (Report of Separation from the Armed Forces of the United States) 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC 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. His DD Form 214 shows: * he enlisted in the Regular Army on 17 May 1950 for a period of 3 years * his specialty number or symbol was 4014 (amphibious wheel vehicle mechanic) * he was wounded in action on 27 December 1950 in Korea and received the Purple Heart * he was honorably discharged on 8 December 1951 4. His DD Form 214 does not show award of the CIB. 5. There are no orders for the CIB in the available records. 6. He provides a Morning Report for Company F, 5th Cavalry Regiment, located in Korea, which shows he was assigned to this unit from Company C, 5th Cavalry Regiment on 5 December 1950. This report shows his military occupational specialty (MOS) is unknown. 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. DISCUSSION AND CONCLUSIONS: 1. The governing regulation for award of the CIB clearly establishes that the CIB may be awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 2. The available evidence shows the applicant was assigned to an infantry unit during his assignment in Korea and he was wounded in action. However, there is no evidence of record and he provides no evidence which shows he held and served in an infantry MOS. The morning report provided by the applicant shows his MOS is unknown. Regrettably, there is insufficient evidence on which to base 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) AR20130013790 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130013790 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1