RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 APRIL 2004
      DOCKET NUMBER:   AR2003099190


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Roger W. Able                 |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show that he
qualified as an expert with the M-60 machine gun and was awarded the
associated badge and component bar.  He also requests award of the Combat
Infantryman Badge and that his graduation from the Noncommissioned Officers
Academy be added to his separation document.

2.  The applicant states, in effect, that he was receiving hazardous duty
pay while in Korea, which confirms that he "was involved in combat and
hostile fire."  He states that he spent approximately 6 months in a combat
zone.

3.  The applicant provides a copy of orders authorizing him hostile fire
pay effective 1 April 1968, a completion certificate for the
Noncommissioned Officers Academy, and a copy of a certificate recognizing
his service along the demilitarized zone in Korea in April 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on 19
March 1969.  The application submitted in this case is dated 29 September
2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 14 August 1967.  He was trained as an
infantryman (11B). While undergoing training he qualified as an expert with
the M-60 machine gun and was awarded the associated badge and component
bar.  Orders issued by the 2nd Advanced Individual Training Brigade at Fort
Ord, California, confirmed the award.  The badge was omitted from his
separation document.

4.  In January 1968, following completion of training, the applicant was
assigned to Korea with the 2nd Battalion, 31st Infantry.  Orders provided
by the applicant confirm that he was authorized hostile fire pay effective
1 April 1968.  He also received a certificate, in April 1968, commending
him for his "participation in operational missions along the demilitarized
zone."  There is, however, no evidence he ever participated in any active
ground combat, or that he was awarded the Combat Infantryman Badge.

5.  There are basically three requirements for award of the Combat
Infantryman Badge.  The soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.  Awards of the Combat Infantryman Badge for Korea have
been authorized only during the period
27 June 1950 through 27 July 1953 and after 4 January 1969 on the
demilitarized zone.  Service subsequent to 4 January 1969 required that the
individual be personally recommended for the badge by his commander and
been engaged with the enemy in the hostile fire area or in active ground
combat involving an exchange of small arms fire at least 5 times.

6.  In September 1968 he successfully graduated from the "James M. Wightman
Noncommissioned Officers Academy.”  The duration of the course is unknown.

7.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that item 14 (military education) will list formal in service
training courses successfully completed during the period of service
covered by title, length in weeks, and month and year completed.  This
information is to assist the soldier after separation in job placement and
counseling; therefore, training courses for combat skills are not listed.

8.  The applicant returned to the United States in March 1969 and on 19
March 1969 he was released from active duty with an honorable
characterization of service.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have been assigned to Korea and authorized
hostile fire pay, there is no evidence he was ever recommended for award of
the Combat Infantryman Badge or that he was engaged with the enemy in the
hostile fire area or in active ground combat involving an exchange of small
arms fire at least 5 times.  The fact that he may have been authorized
hostile fire pay does not, in and of itself, qualify an individual for
award of the Combat Infantryman Badge.

2.  The evidence does, however, confirm that the applicant qualified as an
expert with the M-60 machinegun and that he was awarded the associated
badge and component bar.  His records should be corrected accordingly.

3.  Although the duration of the applicant's noncommissioned officer
academy course is unknown, the evidence does show that he completed the
course.  In the interest of justice and equity it would be appropriate to
enter the information on his separation document.

BOARD VOTE:

__RWA__  __RJO __  __YM ___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  showing that he qualified as an expert with the M-60 machinegun
and was awarded the appropriate badge and component bar; and


      b.  showing that he completed the Noncommissioned Officers Academy
Course in September 1968.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge.





            ____ Roger W. Able_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099190                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040413                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |