ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 June 2019

	DOCKET NUMBER:  AR20170012459


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-authored statement

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states,

  a. As a pole lineman, he was deployed to the Republic of South Korea.  He never did any type of signal work.  He was immediately placed in a mortar platoon and operated an 81 MM mortar in the Infantry (M Company, 3rd Battalion, 65th Infantry Regiment) for the duration of his wartime service during the Korean War. 

  b. He informed his commanding officer that he was a signal operator and graduated from Camp Gordon Signal School as a pole lineman.  He was placed in positon as an Infantryman and as a Heavy Weapons Infantry Leader.  He requests is to be awarded the CIB for his actions while in Korea as per Army Regulation (AR) 351-1 (Individual Military Education and Training), Section VII Par 5-24 (a). 
	c.  This means a great deal to him and he would like to receive this award before he pass away.  Currently his age is 91 years old. He ask that the Board to consider his request to add this award to his record as they are important to him.  He’s worked very hard for and has been struggling with for quite some time knowing that what he earned has not been awarded to him.  He understands that the 3 years have since passed from the date of his ETS (Expiration Term of Service.  He didn't know that these things can be rectified until recently.

3.  A review of the applicant’s record shows:

	a.  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 his records were lost of destroyed in the fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

	b.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was inducted in the Regular Army on 30 March 1951.  He was trained in and held a communication (pole lineman) military occupational specialty.

	c.  The dates he served in Korea are not available.  However according to his DA Form 493 (Separation Qualification Record), he performed duties as a Heavy Weapons Infantry team leader while assigned to Company M, 3rd Battalion, 65th Infantry Regiment for 12 months. 

c. He was honorably released from active duty on 29 December 1953.  His 
DD Form 214 for this period of service does not show the CIB as an authorized award.  His DD Form 214 also shows he was awarded or authorized: 

*  Korean Service medal w/2 bronze stars
* United Nations Service medal
* National Defense Service Medal

5.  By regulation, the CIB is authorized for award during the Korean War from
(27 June 1951 to 27 July 1953).  To be awarded the CIB, a Soldier must meet the following requirements:

* be an infantryman in the grade of colonel or below satisfactorily performing infantry duties 
* assigned to a brigade size infantry unit or smaller during such time as the unit is engaged in active ground combat the unit must have been in active ground combat with the enemy during the period


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the mitliary service record, the Board concluded that the applicant never held an infantry MOS.  He performed duties as an infantry team leader, but to be eligible for the CIB, the applicant must have been trained as an infantryman and the evidence available does not show he ever was trained as an infantryman.  Therefore, the Board recommended denying the applicant’s request.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 672-5-1 (Awards), in effect at the time, provides Army policy, criteria, and administrative instructions concerning individual military decorations.  It states for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements:

* be an infantryman satisfactorily performing infantry duties
* assigned to an infantry unit during such time as the unit is engaged in active ground combat
* actively participate in such ground combat


ABCMR Record of Proceedings (cont)	 AR20170012459


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