IN THE CASE OF: BOARD DATE: 26 May 2014 DOCKET NUMBER: AR20130018533 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) and the Republic of Korea Presidential Unit Citation (ROKPUC). 2. The applicant states the above awards were issued after he was discharged from the service. The correction would correct his records to show all awards he earned in service. During the Korean War he served with the 3rd Infantry Division, 3rd Regimental Combat Team. 3. The applicant provides his 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 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. This case is being considered using the applicant's DD Form 214. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 12 May 1949. He served overseas for a period of 1 year, 3 months, and 4 days. Item 5 (Specialty Number or Symbol) shows 3097 (Telephone Installer). Item 28 (Most Significant Duty Assignment) shows the 7th Armored Division (Separate). He was honorably discharged on 4 August 1952 after completing 3 years, 2 months, and 23 days of creditable active service. 4. Item 27 (Decorations, Medals, Commendations, Citations and Campaign Ribbons or Authorized) of his DD Form 214 shows he was awarded the: * Army of Occupation Medal with Japan clasp * Meritorious Unit Commendation * Korean Service Medal with three bronze service stars 5. Army Regulation 600-8-22 (Military Awards) states 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. There is no evidence the applicant served as an infantryman in an infantry unit while the unit was engaged in active ground combat. In the absence of such evidence, there is no basis for awarding the CIB. 2. The available record does not show which unit the applicant was assigned to during his service in Korea. In the absence of official documentation showing his unit of assignment in Korea, it is not possible to determine whether he served in a unit that was awarded the ROKPUC. 3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20130018533 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130018533 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1