IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080013203
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 Expeditionary Medal (sic). The applicant's request is construed to mean that he requests award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he served in the Republic of Korea (ROK) on the demilitarized zone (DMZ) and received hostile fire pay (HFP).
3. The applicant provides a copy of his order authorizing him HFP.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 13 October 1966, the applicant was inducted into the Army of the United States. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He attained the grade of specialist/
E-4. On 11 October 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). On 12 October 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. The applicant served in the ROK from 24 April 1967 through 25 May 1968. He performed duties as a machine gunner in Company A, 2nd Battalion, 38th Infantry.
4. The applicant provided a copy of Special Orders Number 131, Department of the Army, Headquarters, 2nd Infantry Division, dated 10 May 1968, authorizing HFP from 1 30 April 1968.
5. There are no orders in his official record showing he was awarded the CIB. His DA Form 2-1 (Personnel Qualification Record) does not show award of the CIB.
6. Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the CIB. This paragraph states that there are basically three requirements for award of the CIB. 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 and 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. Commanders were not allowed to make any exceptions to this policy. Award of the CIB is authorized for the Korean Conflict for service between 27 June 1950 to 27 June 1953.
7. Paragraph 8-6 of Army Regulation 600-8-22 also stipulates, in pertinent part, that subsequent to 4 January 1969, Soldiers serving in the ROK must have (a) served in the hostile fire area at least 60 days and been authorized HFP; (b) been assigned to an infantry unit of company or smaller size and must be an enlisted man possessing an infantry MOS; (c) been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least 5 times; and (d) been recommended personally by each commander in the chain of command and approved at division level in order to be eligible for award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the ROK from 24 April 1967 through 25 May 1968. He provided a copy of special orders authorizing HFP from 1 30 April 1968.
2. Given the above regulatory guidance, the applicant did not serve in the ROK during a period for which the CIB is authorized. Therefore, there is no basis upon which to grant the CIB.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X_____ __X_____ 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.
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