IN THE CASE OF:	  

	BOARD DATE:	  28 AUGUST 2008

	DOCKET NUMBER:  AR20080010141 


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 correction of his military records to show award of the Combat Infantryman Badge or the Combat Action Badge.

2.  The applicant states, in effect, that during the Korean conflict, he was in the infantry, doing infantry duties, and engaged the enemy in ground combat.  

3.  The applicant provides a copy of his Department of Veterans Affairs Rating Decision, dated 15 June 2007.

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 records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  On 29 December 1950, the applicant enlisted in the Regular Army for 3 years. He was assigned to the Infantry.  His military occupational specialty (MOS) is not available.

4.  The applicant’s most significant assignment, as indicated by his Report of Separation from the Armed Forces of the United States (DD Form 214) was the 65th Engineer Battalion.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the United Nations Service Medal, National Defense Service Medal, and the Korean Service Medal with 3 bronze service stars.

6.  On 17 December 1953, the applicant was discharged from the Regular Army. He had attained the rank of sergeant and had completed 2 years, 11 months, and 19 days of creditable active service.

7.  Army Regulation 600-8-22 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 specialty, 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.

8.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  It provides for award of the Combat Action Badge (CAB) to Soldiers who personally engaged, or are engaged by the enemy. The requirements for award of the CAB are Branch and MOS immaterial.  Assignment to a Combat Arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area.  Award of the CAB is authorized from 
18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized.  Specific eligibility requirements include: 

      a.  May be awarded to any Soldier;
      
      b.  Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized;
      
      c.  Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and
      
      d.  Soldier must be assigned or attached to a unit that would qualify the Soldier for the CIB/CMB. For example, an 11B assigned to Corps staff is eligible for award of the CAB. However, an 11B assigned to an infantry battalion is not
eligible for award of the CAB.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was in the infantry and that he was assigned to the Republic of Korea during a period of conflict.  However, the evidence does not show that he was assigned to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be denied. 

2.  The applicant’s period of service was prior to the establishment of the Combat Action Badge.  Therefore, his request for this award should be denied. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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 for correction of the records of the individual concerned.





      ___        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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080010141



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