RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 October 2005
      DOCKET NUMBER:  AR20050002977


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      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 award of the Combat Infantryman Badge.

2.  The applicant states he deserves the Combat Infantryman Badge because
he was at the demilitarized zone (DMZ) in Korea from October 1967 to
January 1968 and fought with fellow Soldiers that received the 7th Infantry
Combat Infantryman Badge.

3.  The applicant provides an article titled, "The Forgotten DMZ."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 January 1968.  The application submitted in this case is
dated 18 February 2005.

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.  The applicant was inducted on 18 April 1966.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman) and served in
this MOS assigned to Company C, 3rd Battalion, 32nd Infantry of the 7th
Infantry Division in Korea from 10 December 1966 through 17 January 1968.
On
17 January 1968, the applicant was released from active duty.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal and the Marksman Marksmanship Qualification
Badge with Rifle Bar as authorized awards.

5.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

6.  A DD Form 215 (Correction to DD Form 214), dated 13 June 2005, amended
the applicant's DD Form 214 to show award of the Armed Forces Expeditionary
Medal (Korea), the Good Conduct Medal, and the Marksman Marksmanship
Qualification Badge with Rifle and Pistol Bars.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have 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.  The regulation also
states, in pertinent part, that a separate award of the Combat Infantryman
Badge has been authorized for qualified Soldiers in any of three conflicts:
 (1) World War II; (2) the Korean Conflict (27 June 1950 to 27 July 1953),
and the Vietnam Conflict.  Service in the Vietnam era areas included
service in Korea on the DMZ (after 4 January 1969).
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant served in
Korea on the DMZ after 4 January 1969 as required by the governing
regulation.  Therefore, there is insufficient evidence on which to base
award of the Combat Infantryman Badge in this case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 17 January 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 16
January 1971.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MM____  LB______  _CD_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



            ___Mark Manning_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002977                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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