IN THE CASE OF:	  

		BOARD DATE:	        13 January 2009

		DOCKET NUMBER:  AR20080014287 


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 or the Combat Action Badge.

2.  The applicant states he was not awarded either of the requested awards at the time of his discharge.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 records show he enlisted in the Regular Army for a period of 3 years on 7 January 1953.  He completed basic combat and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 632.10 (Track Vehicle Mechanic).  He subsequently served in the Far East Command (FECOM) from 18 June 1953 to 28 October 1954, during which he served with B Battery, 96th Field Artillery Battalion, Korea, from 12 July 1953 to 16 October 1954. 

3.  Upon completion of his overseas tour, the applicant was reassigned to Service Company, 61st Infantry Regiment, Fort Carson, Colorado, where he remained until he was honorably released from active duty on 6 January 1956 and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 6 January 1956, shows he was awarded the Good Conduct Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the National Defense Service Medal.  Item 27 does not show award of the Combat Infantryman Badge or the Combat Action Badge.

5.  The applicant's records further show he executed a 6-year enlistment on 13 March 1956 and proceeded to Fort Belvoir, Virginia, where he completed a second AIT and was awarded MOS 623.10 (Diesel Repairman).  He was subsequently reassigned to the 497th Engineer Company, also at Fort Blevoir, where he remained until he was discharged on 23 May 1958.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 23 May 1958, shows the entry "None."

7.  The applicant's records do not contain orders that show he was awarded the Combat Infantryman Badge or the Combat Action Badge.

8.  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 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.

9.  Army Regulation 600-8-22 also states the requirements for award of the Combat Action Badge 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 Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The 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.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  The regulation further state that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge or the Combat Action Badge.

2.  With respect to award of the Combat Infantryman Badge, the evidence of record shows that the applicant was trained in and awarded a track vehicle mechanic MOS following completion of training and served in that MOS in an artillery battalion in Korea.  There is no evidence that shows he held an infantry MOS or that he was engaged in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  As a result, the applicant does not meet the criteria for award of the Combat Infantryman Badge.

3.  With respect to award of the Combat Action Badge, the evidence of record shows that the applicant served on active duty from 7 January 1953 to 6 January 1956 and from 13 March 195t to 23 May 1958.  There is no evidence of any other 
period of military service.  By regulation, award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001.

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.

ABCMR Record of Proceedings (cont)                                         AR20080014287



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ABCMR Record of Proceedings (cont)                                         AR20080014287



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