ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 December 2019

	DOCKET NUMBER:  AR20180011737


APPLICANT REQUESTS:  the award of Combat Infantryman Badge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	Self-Authored letter, dated 9 August 2016
*	DD Form 214 (Report of Separation from the Armed Forces of the United States)
*	Korean War Service Medal Information
*	DD Form 149 (Application for Correction of Military Records), undated
*	Army Board for Correction of Military Records (ABCMR) Record of Proceedings, 
dated 11 July 2018
*	DD Form 215 (Correction to DD Form 214), dated 31 July 2018

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 ABCMR 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's complete military records are not available to the Board for review.  A 
fire destroyed approximately 18 million service member's records at the National 
Personnel Records Center in 1973.  It is believed that the applicant's record were lost or 
destroyed in that fire.  However, there were sufficient documents remaining in the 
reconstructed record for the Board to conduct a fair and impartial review of the case.

3.  The applicant states:

	a.  He is unhappy with the results of the service of people who are supposed to be 
there to help Veterans.  

	b.  He joined the Army in November 1949 and went to Fort Riley, Kansas, for basic 
training and after completion, he signed up for Ordnance School at Aberdeen Proving 
Ground, Maryland, as a recruit.  

	c.  In 1950, he was sent to Japan upon completion of Ordnance School.  

	d.  On 24 June 1950, there was fallout in Korea and he was shipped to Korea.  Upon 
departing the ship, he and other Soldiers were told to form two columns instead of 
forming as a company.  Some members of his unit were assigned to the 24th Infantry 
Division and others were assigned to the 25th Infantry Division.  They were the 
replacement for Soldiers killed in action and at the time, it was called the "Pusan 
Perimeter."

	e.  He was told that they were all infantrymen regardless of their military 
occupational specialty (MOS) and they were all assigned to Eighth Army.  He fought 
against North Korea with air support from the 2nd Airborne.

4.  On 14 December 1949, the applicant enlisted in the Regular Army.

5.  On 19 March 1952, he was honorably released from active duty.  His DD Form 214 
shows he completed 2 years, 3 months, and 6 days of net service and he had 1 year 
and 6 months of foreign service.  His DD Form 214 also shows in:

	a.  item 5 (Qualifications) – 3815 (Ordnance Supply Specialist); Related Civilian 
Occupation and Dictionary of Occupational Titles – Stock Clerk, 1-38.01 and

	b. item 37 (Decorations, Medals, Badges, Commendations, Citations, and Campaign 
Ribbons Awarded or Authorized) – Army of Occupation Medal with Japan Clasp and 
Korean Service Medal.

6.  He provided copies of his previously submitted application, ABCMR Docket Number 
AR20160015732, and supporting evidence. 

7.  On 11 July 2018 and in ABCMR Docket Number AR20160015732, the ABCMR 
directed correction of the applicant's records to show award of the United Nations 
Service Medal, Republic of Korea War Service Medal, and the National Defense 
Service Medal.

8.  On 31 July 2018, he was issued a DD Form 215 showing his award of the United 
Nations Service Medal, Republic of Korea War Service Medal, and the National 
Defense Service Medal.

9.  The available evidence is void of the unit to which the applicant was assigned while 
in Korea and his inclusive dates of service in Korea.  Additionally, the applicant did not 
hold an infantry or special forces MOS.
?
BOARD DISCUSSION:
1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence on the records and policy for award of the CIB.  The Board considered the 
applicant’s statement, his record of service to include service in Korea, the belief that 
his records had been burned of destroyed in the NPRC fire and his MOS (Ordnance 
Supply Specialist).  The Board did not find evidence of his unit(s) of assignment while in 
Korea.  Based on a preponderance of evidence, the Board found insufficient evidence 
to determine that the applicant met the policy requirements (MOS, unit and active 
ground combat) for award of the CIB; there was no error or injustice necessitating a 
correction to his record.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.?
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.


ADMINISTRATIVE NOTE(S):  N/A.

?
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 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The Combat 
Infantryman Badge is awarded to infantry or special forces officers and enlisted and 
warrant officer persons who have an infantry or special forces MOS.  They must have 
served in active ground combat while assigned or attached to an infantry, ranger, or 
special forces unit of brigade, regimental, or smaller size.  

	a.  Specifically, a recipient must be personally present and under hostile fire while 
serving in an assigned infantry or special forces primary duty in a unit actively engaged 
in ground combat with the enemy.  The unit in question must be a brigade, regiment, or 
smaller size.  For example, personnel possessing an infantry MOS in a rifle squad of a 
cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman 
Badge.  Battle or campaign participation credit alone is not sufficient; the unit must have 
been in active ground combat with the enemy during the period.  

	b.  Personnel with other than an infantry or special forces MOS are not eligible, 
regardless of the circumstances.

	c.  The special requirements for award of the Combat Infantryman Badge for service 
in the Republic of Korea are rescinded.  Retroactive awards under these criteria are not 
authorized for service prior to 29 July 1953.

					//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180011737
	
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