IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20070013385


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was "involved in a couple of fire fights" in Korea.  He states that in one nighttime fight, his comrade was wounded by North Korean gunfire and received a Purple Heart.  He states he read in the VFW Magazine that he might be eligible for the CIB.

3.  The applicant provides no additional evidence.

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 was inducted into the Army of the United States (AUS) on 13 September 1966.  He was trained as an infantryman and sent to Korea for his first permanent duty assignment.  He served as an infantryman in Korea from on/about 10 May 1967 to on/about 4 March 1968.  From on/about 5 March 1968 to on/about 13 June 1968, he served as a supply sergeant.  His unit of assignment in Korea was Company B, 1st Battalion, 38th Infantry Regiment, 2nd Infantry Division.

3.  The applicant returned to the United States on/about 14 June 1968 and was honorably separated on 15 June 1968 at Fort Lewis, WA.  His DD Form 214 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On 11 August 1999, the Army Board for Correction of Military Records (ABCMR), in response to an application by the applicant, directed that he be awarded the Good Conduct Medal and the Armed Forces Expeditionary Medal (for his Korea service).

5.  There is no evidence in the record and the applicant has provided no evidence to prove he was ever in fire fights along the demilitarized zone (DMZ) in Korea.  His medical records do not show that he was ever wounded in action; there are no orders awarding him the CIB.

6.  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.  

7.  Special CIB 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.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the CIB.  Even if the applicant were able to prove that he participated in fire fights along the DMZ of Korea, he served there as an infantryman from on/about 10 May 1967 to on/about 4 March 1968.  The special CIB provisions for Soldiers who served in Korea were for Soldiers who served subsequent to 4 January 1969.  There were no provisions for retroactive award of the CIB for Korean veterans prior to 4 January 1969.

2.  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

__xxx___  __xxx___  __xxx___  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.

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 Korea Defense Service Medal.



							XXX
       _    _________________
             CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070013385



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ABCMR Record of Proceedings (cont)                                         AR20070013385



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