RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011662 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree

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 that his records be corrected to show he was awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, in 1971 personnel at the 2nd Battalion, 22nd Infantry cut orders for the CIB.  He states that the request came from the 10th Armored Cavalry Regiment.  He states, in 1971 he received 20 copies of the orders from the infantry unit at the request of 10th Armored Cavalry Regiment where he served as a Platoon Leader.  However, his wife cleaned the house and the orders are now missing.  He further states that he wore his CIB ribbon at his retirement.  He is 70 years old and he would like to have his records corrected for his history.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DA Form 2-1 (Personnel Qualification Record, Part II). 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that the Date Entered Active Duty This Period was 6 February 1976.  He had completed all the necessary training and was awarded the military occupational specialty (MOS) 19Z (Armor Senior Sergeant).

3.  He served as a Platoon Sergeant with Headquarters and Headquarters Troop (HHT), 1st Squadron, 10th Armored Cavalry Regiment and with Company A, 1st Battalion, 22nd Infantry in the Republic of Vietnam during the period 23 May 1971 to 22 January 1972.

4.  He also served as a Platoon Sergeant with Company B, 1st Battalion, 72nd Armor, 2nd Infantry Division in the Republic of Korea during the period  
14 May 1976 to 6 May 1977.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Bronze Star Medal, Army Commendation Medal (1st Oak Leaf Cluster), Meritorious Service Medal (1st Oak Leaf Cluster), Army Service Ribbon, Overseas Service Ribbon with numeral 4, Republic of Vietnam Campaign Medal, Legion of Merit, Drill Sergeant Identification Badge, Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the CIB.

6.  The applicant's military service records do not contain any orders awarding him the CIB.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8. A review of the applicant's records indicates entitlement to an additional award and decoration not shown in item 13 of his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  

a.  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and 

b.  all air spaces above the land and water area.

10.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; 
b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or
c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the CIB.

2.  The applicant's military service records show that he served as a Platoon Sergeant while he was assigned to HHT, 1st Squadron, 10th Armored Cavalry Regiment and Company A, 1st Battalion, 22nd Infantry in the Republic of Vietnam and with Company B, 1st Battalion, 72nd Armor, 2nd Infantry Division in the Republic of Korea.  However, there is no evidence he held an infantry MOS or engaged in active ground combat.  Therefore, he is not entitled to correction of his records to show the CIB.

3.  Evidence shows the applicant is entitled to the award of the KDSM.  Therefore, he is entitled to correction of his records to show this foreign award.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__QAS__  __CLG___  __JRS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to award the CIB.

2.  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 award of the KDSM.




___Curtis L. Greenway__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY w/note
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.