RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050004671


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 and the
Armed Forces Expeditionary Medal for his combat service in the
Demilitarized Zone in the Republic of South Korea during November 1967.

2.  The applicant, in effect, states that according to information he
recently received, he is entitled to award of two medals for his services
in the DMZ and the Republic of South Korea.  He further states that he was
the first sergeant/pay grade E-5, along with five other Soldiers who were
transferred to the DMZ in November of 1967.  The applicant states that his
unit was assigned to the 1st Battalion, 9th Infantry, of the 2d Infantry
Division and his company commander was named "Capt S--------r".  He adds
that he was advised that he should be awarded both awards.  He continues by
saying that it has been 36 years since he was honorably discharged from the
U.S. Army.

3.  The applicant provides in support of his application a copy of his DD
Form 214 (Armed Forces of The United States, Report of Transfer or
Discharge), dated 7 September 1968, and page 46 of the Veterans of Foreign
Wars publication, dated September 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 7 September 1968, the date of his separation.  The application
submitted in this case is dated 22 March 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 enlisted in the Regular Army on 29 November 1965.  He
completed basic combat training and advanced individual training and was
awarded Military Occupational Specialty (MOS) 11B40 (Light Weapons
Infantryman).  Upon completion of his training, he was assigned to Company
B 1st Battalion, 9th Infantry of the 2nd Infantry Division in Korea, for
duty.


4.  On 2 May 1968, the applicant was further assigned to Germany for duty.
On 5 September 1968, the applicant returned from overseas.  On 7 September
1968, the applicant was honorably released from active duty.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form
214 shows that he was authorized the National Defense Service Medal.  It
does not show the award of the Combat Infantryman Badge or the Armed Forces
Expeditionary Medal.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form
20 (Enlisted Qualification Record) does not show award of the Combat
Infantryman Badge or the Armed Forces Expeditionary Medal.  However, item
41 also shows that the applicant was authorized award of the Expert
Marksmanship Qualification Badge with Rifle Bar, which is not shown on his
DD Form 214.

7.  There are no orders in the applicant's personnel records showing he was
awarded the Combat Infantryman Badge.  There is no evidence the applicant
was recommended for award of the Combat Infantryman Badge.  There is no
evidence in the applicant's service personnel record which shows he
personally participated with his unit in active ground combat during his
service in Korea from 20 February 1967 through 27 March 1968.

8.  The applicant submitted a copy of page 46 from the Veterans of Foreign
Wars article, dated September 2001, which outlined Veterans of Foreign Wars
Eligibility for Recent Campaigns.  The applicant circled the Armed Forces
Expeditionary Medal and the Combat Infantryman Badge in this article.

9.  Army Regulation 600-8-22 (Military Awards) lists special provisions
exist for award of the Combat Infantryman Badge to soldiers who served in
Korea after 4 January 1969.  Soldiers must have served in the hostile fire
area at least 60 days and be authorized hostile fire pay.  The individuals
must have been assigned to an infantry unit of company or smaller size and
must have been an infantry officer in the grade of captain or lower or in
the case of warrant officers and enlisted men must have had an infantry
military occupational specialty.  The soldier must have been engaged with
the enemy in the hostile fire area or in active ground combat involving an
exchange of small arms fire at least five times. The soldier must be
recommended personally by each commander in the chain of command and
approved at the division level.  There are no provisions for retroactive
award of the Combat Infantryman Badge for Korean veterans.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  An individual, who was not engaged in actual combat or equally
hazardous activity, must have participated in operations or in direct
support of operations for 30 consecutive or 60 nonconsecutive days.  The
designated military operations and dates of eligibility for award of the
Armed Forces Expeditionary Medal are specified in Army Regulation 600-8-22.
 This regulation shows that the Armed Forces Expeditionary Medal was
authorized for participation in Korea from 1 October 1966 to 30 June 1974.

11.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July
1954 through a future date to be determined by the Secretary of Defense;
b) the area of eligibility encompasses all land area of the Republic of
Korea, and the contiguous water out to 12 nautical miles, and all air
spaces above the land and water areas;  c) service members must have been
mobilized with units or assigned or attached to units operating in the area
of eligibility and have been physically deployed in the area of eligibility
for 30 consecutive or 60 non-consecutive days.

12.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman
Badge for his combat service in Korea in November 1967.

2.  The evidence of record shows the applicant served as an infantry team
leader and squad leader with Company B 1st Battalion, 9th Infantry of the
2nd Infantry Division, during his service in Korea.

3.  Army regulation provided special provisions for award of the Combat
Infantryman Badge for service in Korea.  Essentially, the regulation
required the service be after 4 January 1969, the soldier be entitled to
hostile fire pay, and the soldier be involved in an exchange of small arms
fire at lease five times.  Finally, award of the Combat Infantryman Badge
required approval at division level.

4.  There is no evidence that the applicant met any of these requirements
for award of the Combat Infantryman Badge.  Furthermore, there is no
evidence he was recommended for award of the Combat Infantryman Badge or
that the Commanding General of the 2d Infantry Division approved an award
of the Combat Infantryman Badge for the applicant.

5.  Based on the forgoing, there is insufficient evidence to satisfy the
criteria under the special provisions for award of the Combat Infantryman
Badge in this case.

6.  The applicant contends that he should be awarded the Armed Forces
Expeditionary Medal for his service in Korea.

7.  The applicant's personnel service records show that the applicant
served in Korea from 20 February 1967 through 27 March 1968, during a
period of qualifying service for award of the Armed Forces Expeditionary
Medal.  Therefore, he is entitled to correction of his DD Form 214 to show
this award.

8.  The applicant's personnel records show that he was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar; however, this award is not
annotated on his DD Form 214.  Therefore, the applicant is entitled to have
his DD Form 214 corrected to show this award.

9.  The applicant's Enlisted Record Brief contains evidence which shows
that he served and has met the period of qualifying service in Korea for
award of the Korea Defense Service Medal.  Therefore, he is entitled to
correction of his DD Form 214 to show this award.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 September 1968, the date of his
release from active duty; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 6 September
1971.  Although the applicant file his applicant within the ABCMR's three
year statute of limitations, it would be appropriate to waive failure to
timely file based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RJW___  __RR___  __JEV___  GRANT PARTIAL 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 awarding the applicant
the Armed Forces Expeditionary Medal, the Korean Defense Service Medal and
the Expert Marksmanship Qualification Badge with Rifle Bar.

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
the Combat Infantryman Badge.




            __James E. Vick________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004671                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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