RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060010627


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 reconsideration of his previous request for
award of the Combat Infantryman Badge.

2.  The applicant states that a new law was passed on 25 March 2004 by the
108th Congress which changed the criteria for award of the Combat
Infantryman Badge.

3.  The applicant provides a page from the internet titled "The Orator.Com-
News & Information" in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050008013, on 28 March 2006.

2.  The applicant submitted a page from the internet titled "The Orator.Com-
News & Information" which was not previously considered by the Board.

3.  Records show that the applicant enlisted in the Regular Army on
21 November 1974.  He was trained in, award, served in military
occupational specialty (MOS) 11B (Infantryman).

4.  The applicant served in the Republic of Korea during the period 5 May
1975 through 31 May 1976.  While serving in the Republic of Korea, the
applicant was assigned to Company B, 1st Battalion, 73rd Armor and Combat
Service Company, 1st Battalion, 31st Infantry.  While assigned to both
units, the applicant served as light weapons infantryman in the MOS 11B.

5.  The applicant's records do not show that he was awarded the Combat
Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Special provisions exist for Soldiers who
served in Korea subsequent to 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.

7.  The applicant provided a page from the internet site "The Orator.com"
which shows House Resolution Number 4039 of the 108th Congress.  House
Resolution Number 4039 amends the requirement for award of the Combat
Infantryman Badge and the Combat Medical Badge for service in Korea after
28 July 1953.

8.  Specifically, House Resolution Number 4039 states that the following
eligibility is established:
      "(1)  without any requirement for service by the member in an
designated area as a "hostile fire area" (or by similar designation) or
that the member may have been authorized hostile fire pay;

      (2)  without any requirement for a minimum number of instances (in
excess of one) in which the member was engaged with the enemy in active
ground combat involving an exchange of small arms fire; and

      (3)  without any requirement for personal recommendation or approval
by the commanders in the member's chain of command other than is generally
applicable for service at locations outside of the Republic of Korea."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.

2.  As stated in the previous case, the applicant did serve in a required
MOS for award of the Combat Infantryman Badge; however, there is no
evidence in the available records which show that the applicant was
directly involved in ground combat with hostile forces.





3.  Although, the applicant provided a copy of House Resolution Number 4089
which sought to amend the requirements for award of the Combat Infantryman
Badge, this Bill was not passed into law.  Therefore, this evidence does
not substantiate the applicant's claim.

4.  Absent evidence to show that the applicant met the criteria outlined in
governing regulations for award of the Combat Infantryman Badge, there is
no basis to grant the applicant's request for this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LDS___  _AM____  _PMS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR20050008013, dated 28 March 2006.




                                    ___Linda D. Simmons___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010627                           |
|SUFFIX                  |                                        |
|RECON                   |20060328                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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