RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060013673 


	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. Gerard W. Schwartz

Acting Director

Mr. W. W. Osborn, Jr.

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

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, that he be awarded the Combat Infantryman Badge.  

2.  The applicant states, in effect, that he served with the 2nd Battle Group, 26th Infantry while attached to United States Army Europe during Operation Longthrust in April 1963.  He served in Berlin Germany after the wall was built separating East and West Berlin and that they encountered East German and Russian Patrols when helping escapees who made it to the top of the wall.  

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a Veterans of Foreign War (VFW) eligibility information paper.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 August 1963, the date of his release from active duty.  The application submitted in this case is dated 18 September 1963.

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 was inducted on 11 October 1961.  Following training as a supply clerk he served in that capacity with Headquarters and Headquarters Company, 2nd Brigade 26th Infantry.  The unit was relocated to Germany and the applicant qualified for the Army of Occupation Medal.

4.  He was released from active duty on 17 August 1963 and transferred to the Army Reserve in pay grade E-3.  His DD Form 214 shows his authorized awards as the Armed Forces Expeditionary Medal, Army of Occupation Medal and the Marksman Marksmanship Qualification Bar with Rifle Bar. 


5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.  The Combat Infantryman Badge was awarded to those who qualified for service during World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991) is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all or these areas.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Infantryman Badge was not authorized for award during the occupation of Berlin. 

2.  The available records indicate that the applicant neither held an infantry MOS nor served as an infantryman.  He would not have qualified for award of the Combat Infantryman Badge in any case.  

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 August 1963; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
12 August 1966.  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

__DED __  _WDP __  _WFC___  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.




__ William D. Powers____
          CHAIRPERSON




INDEX

CASE ID
AR20060013673
SUFFIX

RECON

DATE BOARDED
20070426
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.