ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 October 2019

	DOCKET NUMBER:  AR20190009844


APPLICANT REQUESTS:  award of the Combat Infantryman Badge (CIB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Report of Separation from the Armed Forces of the United States)
*	DD Form 215 (Correction to DD Form 214)
*	a newspaper clipping

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 (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 record is 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 his records were lost or 
destroyed in that fire.  However, there were sufficient documents on file for the 
Board to conduct a fair and impartial review of this case.  This case is being 
considered primarily using his DD Form 214 and documents provided by the 
applicant.

3.  The applicant states he was an Army infantryman in combat who was awarded 
the Silver and Bronze Star Medals.

4.  The applicant enlisted in the Regular Army on 31 July 1951.  Item 4 (Component 
and Branch or Class) of his DD Form 214 states he served in the Artillery Branch.  
His most significant duty assignment is noted as Service Battery, 538th Field Artillery 
Battalion.

5.  The applicant was honorably released from active duty on 30 July 1953.  Item 27 
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons 
Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized 
the United Nations Service Medal, Korean Service Medal with one bronze service 
star, and the Silver Star.  Item 27 does not show the CIB.

6.  On 14 February 2013, his DD Form 214 was corrected to add a Presidential Unit 
Citation.

7.  There is no evidence in the available records and the applicant did not provide 
any evidence that shows he was either recommended for or awarded the CIB.

8.  The applicant provides a newspaper clipping which states he received the Silver 
Star for gallantry in action near Kumhwa, Korea, while serving with the 32nd Infantry 
Division.  The citation stated, in brief, that the applicant, with his company, was 
holding defensive positions atop a newly-won hill, when a fanatical counter-attack 
was begun by the enemy.  The applicant and two other men volunteered to remain 
and provide covering fire while the company withdrew.  After the retrogressive 
movement was completed, the applicant noticed two friendly casualties, unable to 
move, lying exposed on the hill.  With complete disregard for his personal safety, the 
applicant immediately returned to the hill and pull the two wounded men to safety.

9.  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.  Specific requirements state, in 
effect, that an Army enlisted Soldier must have an infantry or special forces specialty 
and must have satisfactorily performed duty while assigned or attached as a 
member of an infantry, ranger, or special forces unit of brigade, regimental, or 
smaller size during any period such unit was engaged in active ground combat.  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.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record of service to include service in Korea, the belief that his records were lost or 
burned during the fire at the personnel records center, his specialty branch and unit 
of assignment and his awards and decorations on his DD form 214.  The Board 
considered the Army policy for award of the CIB and acknowledges his award for 
gallantry, but found insufficient evidence to show the applicant met the established 
criteria.  Based on a preponderance of evidence, the Board determined that the 
absence of an award of the CIB was not in error or unjust.

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.





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 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) 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.  Specific requirements state, in 
effect, that an Army enlisted Soldier must have an infantry or special forces specialty 
and must have satisfactorily performed duty while assigned or attached as a 
member of an infantry, ranger, or special forces unit of brigade, regimental, or 
smaller size during any period such unit was engaged in active ground combat.  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.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190009844

4

1