RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060009987


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, in effect, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he is entitled to the CIB based on his
service in Korea.  He states that his unit's duty station was in Korea
during the Korean Conflict.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 January 1971, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case is dated
28 June 2006.

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 limitations 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's Enlisted Qualification Record (DA Form 20) shows that
he served in Korea from 16 March 1951 through 15 January 1952 and that he
completed two tours of duty in the Republic of Vietnam (RVN), the first
from
29 July 1966 through 5 March 1968 and the second from 19 June 1969 through
12 December 1970.

4.  Item 27 (Military Education) of the applicant's DA Form 20 shows that
he completed the military occupational specialty (MOS) 462.10 (Tailor)
course in 1951 and the MOS 462.10 (Shoe Repairer) course in 1952.  It also
shows that as of 1957, he still held a 462 MOS, which was 462.17
(Canvas/Leather Repairer).  His record also confirms he completed the MOS
45C (Field Artillery Repairer) course in 1965 and was awarded this MOS and
that he was awarded MOS 45L (Artillery Repairer) on 15 January 1970, and
this was the MOS he held on the date of his retirement.

5.  Item 38 (Record of Assignments) does not include assignments prior to
1953. It does show that between 22 October 1953 and the date of his
retirement, he served in MOS’ 462.10 (Shoe Repairer), MOS 768.10 (Supply
Clerk), MOS 462.17 (Canvas/Leather Repairer), MOS 540.07 (Dayroom Orderly),
MOS 442.17 (Welder), MOS 422.17 and MOS 45C (Field Artillery Repairer), MOS
45H (Small System Repairer), and MOS 45Z (Section Chief).  There is no
indication that he ever held or served in an infantry MOS.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
include the CIB in the list of earned awards entered, and the applicant
last audited this record on 15 January 1970.

7.   Item 41 of the DA Form 20 does show he earned the following awards
during his active duty tenure:  Parachutist Badge; Korean Service Medal
with 2 bronze service stars; Army Good Conduct Medal (4); Bronze Star
Medal; Army Commendation Medal; National Defense Service Medal (2);
Republic of Vietnam Campaign Medal; Vietnam Service Medal with bronze
service star; Meritorious Unit Commendation; Expert Marksmanship
Qualification Badge with Rifle (M-14) Bar; and Marksman Marksmanship
Qualification Badge with Rifle (M-16) Bar.

8.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
documents or orders indicating the applicant ever held or served in an
infantry MOS, or that show he was ever recommended for or awarded the CIB
by proper authority during his active duty tenure.

9.  On 31 January 1971, the applicant was honorably REFRAD for the purpose
of retirement after completing a total of 20 years, 6 months, and 4 days of
active military service.

10.  The separation document (DD Form 214) issued to the applicant on
31 January 1971, shows he held the MOS 45L (Artillery Repairer).  The CIB
is not included in the list of authorized awards entered on the separation
document.
11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It
states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.  A silver service star is used in lieu of 5
bronze service stars to denote participation in five campaigns.

12.  Table B-1 of the same regulation provides a list of RVN campaigns and
it confirms that during the applicant's tenure of assignment, participation
credit was granted for the following seven campaigns:  Vietnam
Counteroffensive Phase II; Vietnam Counteroffensive Phase III; TET
Counteroffensive 1968; Vietnam Summer-Fall 1969; Vietnam Winter-Spring
1970; Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII.

13.  Paragraph 8-6 of the awards regulation contains guidance on award of
the CIB.  It states, in pertinent part, that there are three basic
requirements for the CIB.  The member must be an infantryman holding an
infantry MOS and be performing infantry duties, he must be serving in a
qualifying infantry unit of brigade, regimental, or smaller size, and he
must be personally present and participate with the unit while it is
actively engaged in ground combat with hostile forces.  The regulation
stipulates that service in a combat area and battle and campaign
participation alone does not qualify a member for the CIB.

14.  Paragraph 9-5 of the awards regulation contains guidance on the United
Nations Service Medal.  It states, in pertinent part, that it was awarded
to those members dispatched to Korea on behalf of the United Nations in the
action in Korea.  It further stipulates that members awarded the Korean
Service Medal automatically establishes eligibility for the United Nations
Service Medal.

15.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world, and the Department of Defense approved acceptance and wear of
this award.  To qualify for the ROK-KWSM, the veteran must have served in
Korea for 30 consecutive days or 60 non-consecutive days between 25 June
1950 and
27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB based on his
combat service in Korea was carefully considered.  However, by regulation,
in order to qualify for the CIB there must be evidence confirming that the
member held an infantry MOS and performed infantry duties in an infantry
unit of brigade, regimental, or smaller size, and that he was personally
present and participated with his qualifying infantry unit while it was
engaged in active ground combat with a hostile force.  Service in a combat
area or participating in combat alone does not satisfy the CIB criteria or
support award of the CIB.

2.  The evidence of record in this case shows that the applicant held and
served in a non-infantry MOS while serving in Korea, and throughout his
military career. There is also no evidence indicating that he was serving
as an infantryman in a qualifying infantry unit, or that he personally
participated with a qualifying infantry unit while it was actively engaged
in ground combat with hostile forces during his tour of duty in Korea.
Therefore, the regulatory burden of proof necessary to support award of the
CIB has not been satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice related to the CIB now under consideration on 31 January 1971,
the date of his retirement. Therefore, the time for him to file a request
for correction of any error or injustice expired on 30 January 1974.  He
failed to 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.

4.  The evidence of record does confirm the applicant's entitlement to the
United Nations Service Medal, ROK-KWSM, and 1 silver service star and 2
bronze service stars with his Vietnam Service Medal. The omission of these
awards from his separation document is an administrative matter that does
not require Board action to correct.  Therefore, the Case Management
Support Division (CMSD), St. Louis, Missouri, will administratively correct
the record as indicated in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__HOF __  __WFC__  __DED__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Combat Infantryman Badge.  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the United Nations Service Medal;
Republic of Korea - Korean War Service Medal; and 1 silver service star and
2 bronze service stars with his already-awarded Vietnam Service Medal; and
by providing him a correction to his separation document that includes
these awards.




                                  ____Hubert O. Fry________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009987                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/01/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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