RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060010174


      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. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. David K. Hassenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, that he served with the 2nd Infantry
Division in Korea from February 1968 through February 1969, which included
two tours of duty on the Demilitarized Zone (DMZ).  He claims he was
involved in five firefights plus numerous combat missions on hunter/killer
patrols, and he received hostile fire pay.

3.  The applicant provides military occupational specialty (MOS) orders; a
Department of Veterans Affairs (VA) Letter, dated 1 August 2003; and Rating
Decision, dated 29 July 2003, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 10 September 1969, the date of his release from active
duty (REFRAD).  The application submitted in this case is dated 10 July
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 record shows that he was inducted into the Army and
entered active duty on 11 September 1967.  He held and served in MOS 11B
(Light Weapons Infantryman) and MOS 11C (Infantry Indirect Fire Crewman),
and the highest rank he attained while serving on active duty was sergeant
(SGT).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in Korea from 2 February 1968 through 1 February 1969.  During his
tour in Korea, he was assigned to Company A, 3rd Battalion, 23rd Infantry
Regiment, performing duties in MOS 11B as a radio and telephone operator
and MOS 11C as an infantry indirect fire crewman.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that during his tenure on active duty, he earned the National Defense
Service Medal (NDSM) and Armed Forces Expeditionary Medal (AFEM)-Korea.
The CIB is not included in the list of awards contained in Item 41, and the
applicant last reviewed the DA Form 20 on 25 August 1969.

6.  The applicant's Military Personnel Records Jacket is void of any orders
or other documents indicating the applicant was recommended for or awarded
the CIB while he was serving on active duty, or that confirms the
participation of his unit in active ground combat with hostile forces, or
his personal participation in active ground combat while he was a member of
a qualifying infantry unit.

7.  On 10 September 1969, the applicant was honorably REFRAD upon the
expiration of his term of service.  The separation document (DD Form 214)
he was issued confirms he completed a total of 2 years of active military
service.  It also shows that he earned the NDSM and AFEM-Korea during his
active duty tenure.  The CIB is not included in the list of authorized
awards contained on the DD Form 214, and the applicant authenticated this
document with his signature on the date of his separation.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 8-6 contains guidance on award of the CIB.  It states,
in pertinent part, that it is authorized for service on the DMZ in Korea
during the period 4 January 1969 to 31 March 1994.  It further states, in
pertinent part, that the specific eligibility criteria for the CIB require
that a Soldier must be an infantryman serving in an infantry MOS who has
satisfactorily performed duty while assigned or attached as a member of an
infantry 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 primary duty, in a unit actively engaged in ground combat with the
enemy.  Battle or campaign participation credit alone is not sufficient;
the unit must have been in active ground combat with the enemy during the
period.

9.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  In pertinent part, this message authorized this award to any member
who served in Korea from 28 July 1954 through a future date to be
determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB based on his
combat service along the DMZ in Korea from February 1968 through February
1969, was carefully considered.  However, there is insufficient evidence to
support this claim.

2.  By regulation, the CIB was authorized for service on the DMZ in Korea
during the period 4 January 1969 to 31 March 1994; however, the basic three
requirements for award of the CIB, which included personal participation
with a qualifying infantry unit while that unit was actively engaged in
ground combat with a hostile force still had to be met.

3.  The evidence of record confirms that the applicant completed his tour
in Korea on 1 February 1969, which means he served in Korea for only one
month of the CIB qualifying period for DMZ service in Korea.  Further, his
record is void of any indication that he was ever recommended for, or
awarded the CIB by proper authority while serving on active duty.

4.  The CIB is not included in the list of awards contained in Item 41 of
the applicant's DA Form 20, which he last audited on 25 August 1969, more
than six months after he left Korea.  In effect, his audit was his
verification that the information contained on the DA Form 20, to include
the awards listed in Item 41, was correct on that date.

5.  The CIB is also not included in the list of awards contained on the
applicant's DD Form 214, which he authenticated with his signature on the
date of his separation, which was 10 September 1969.  In effect, his
signature was his verification that the information contained on the
separation document, to include the list of awards, was correct at the time
the DD Form 214 was prepared and issued.  Therefore, absent any evidence
confirming his personal presence and participation with his qualifying
infantry unit while it was actively engaged in ground combat with hostile
forces, the regulatory burden of proof necessary to support award of the
CIB has not been satisfied in this case.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 September 1969, the date of his
separation.  Therefore, the time for him to file a request for correction
of any error or injustice expired on 9 September 1972.  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.

7.  The evidence does confirm the applicant's entitlement to the Korea
Defense Service Medal.  The omission of this award from his separation
document is an administrative matter that does not require Board action.
Therefore, his record will be administratively corrected by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__  JCR  _  __DKH__  __RDG__  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.

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 Korea Defense Service Medal; and
by providing him a correction to his separation document that includes this
award.




                                  _____Jeffrey C. Redmann_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060010174                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/09/10                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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