BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001220 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ ___x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001220 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001220 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 Korean Service Medal (KSM) and the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards. 2. The applicant states he served from 1954 to 1957, during the Korean War. 3. The applicant provides his DD Form 214 for the period ending 5 July 1957. 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 members’ records at the National Personnel Records Center, in St. Louis, MO in 1973. It is believed the applicant's records were lost in that fire. However, the DD Form 214 he provides is sufficient to conduct a fair and impartial review of the case. 3. The applicant enlisted in the Regular Army on 6 July 1954. Following completion of initial entry training, he was awarded military occupational specialty (MOS) 633.10 (Recovery Specialist). 4. The applicant was honorably released from active duty on 5 July 1957. His DD Form 214 shows he was credited with completing 1 year, 10 months, and 2 days of foreign service. His DD Form 214 does not state where his foreign service was completed. 5. A review of his available record reveals no documentation or orders and he has not provided any military documentation that shows he was assigned to the Republic of Korea during his period of military service. 6. The applicant's record does not contain orders or any other evidence that shows he was awarded or qualified for either the KSM or the CIB. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. a. The KSM was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. The CIB was awarded to infantry officers and warrant officers and to enlisted Soldiers who possessed 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. DISCUSSION: 1. The evidence of record shows the applicant was honorably released from active duty on 5 July 1957. His DD Form 214 shows he served 1 year, 10 months, and 2 days at an unspecified foreign location. 2. The KSM was awarded for qualifying service in Korea between 27 June 1950 and 27 July 1954. Although the evidence provided shows he served in an overseas location, it does not show he served in Korea. 3. Regulatory guidance prescribes that the CIB may only be awarded to infantry personnel who performed infantry duties while members of infantry units. The applicant's DD Form 214 shows he served as a Recovery Specialist. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001220 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001220 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2