BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090009741 


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, in effect, that he be awarded the Combat Infantryman Badge (CIB), Expert Infantryman Badge (EIB) or Combat Action Badge (CAB).

2.  The applicant states, in effect, he has been awarded the Order of the Bayonet which is the 7th Infantry Division's version of the Combat Infantryman Badge.  He further states he received hostile fire pay for the period 1968-1969 while assigned to the 7th Infantry Division, 8th Artillery on the Demilitarized Zone (DMZ) in the Republic of Korea.

3.  The applicant provides a self-authored letter; a copy of a letter of gratitude and award of the Order of the Bayonet from the 7th Infantry Division Commander; a DD Form 2496-1 (Disposition Form); and an excerpt from the Wikipedia website in support of this application.

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 record shows that he was inducted and entered active duty on 10 October 1960.  His DA Form 20/DA Form 2-1 (Enlisted Qualification Record/Personnel Qualification Record) shows that during his tenure in the Army he held military occupational specialty (MOS) 76Y (Unit Supply Specialist), MOS 31V (Tactical Communication Systems Operator/Mechanic), MOS 76K (General Support Specialist) and MOS 13A (Field Artillery Crewman).

3.  There is no evidence of record to show the applicant was ever trained in or awarded an infantry MOS by proper authority or assigned to an infantry unit during his tenure in the Army.

4.  The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge, Expert Infantryman Badge or the Combat Action Badge by proper authority while serving on active duty.

5.  The applicant provided a DD Form 2496-1 (Disposition Form), dated 12 May 1969, which shows that while he was assigned for duty in the Republic of Korea with C Battery, 1st Battalion, 25th Artillery he received hostile fire pay for the period 9 April 1969 to 14 April 1969.

6.  On 28 February 1981, the applicant was honorably retired after completing 20 years, 4 months, and 19 days of active military service.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued and signed at that time shows that he earned the National Defense Service Medal (NDSM), Armed Forces Expeditionary Medal (AFEM), Presidential Unit Citation (PUC), Korean Service Medal (KSM), Army Commendation Medal (ARCOM), and the Army Good Conduct Medal (AGCM).

7.  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.  
8.  Army Regulation 600-8-2, paragraph 8-9, contains guidance on award of the Expert Infantryman Badge.  It states, in pertinent part, that in order to participate in the EIB program and be awarded the Expert Infantryman Badge, members must meet the prerequisites and take the test with an infantry unit of at least battalion size.  The test requirement is to meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center and given by authorized commanders.  

9.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy.  

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 also states 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's record is void of any orders or other documents indicating that the applicant was ever recommended for or awarded the Combat Infantryman Badge or the Expert Infantryman Badge by proper authority while serving on active duty.

2.  The applicant's contention that he should be awarded the CIB was carefully considered.  However, there is insufficient evidence to support this claim.  By 


regulation, in order to support award of the CIB there must be evidence that the member held and served in an infantry MOS, in a qualifying infantry unit of brigade, regimental or smaller size, and that he was present and participated with his qualifying infantry unit while it was actively engaged in active ground combat with enemy forces.

3.  Although the sincerity of the applicant's claim that he was assigned to a hostile fire area in Korea and received hostile fire pay from 1968 to 1969 is not in question, the available evidence of record shows the applicant only received hostile fire pay for a 5-day period in May 1969.  Further, he was assigned to an artillery unit and did not hold an infantry MOS  Therefore, lacking evidence to show that the applicant met the eligibility requirements, there is an insufficient evidentiary basis to support granting the requested relief.

4.  The applicant's record gives no indication that he completed the necessary proficiency testing necessary to qualify for the EIB or that he was assigned to an infantry unit.  As a result, absent any evidence that he met the eligibility requirements for this award, or that he was awarded the EIB by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting the requested relief. 

5.  Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001; therefore, since the applicant retired from military service in February 1981, he does not meet the criteria for this award.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit 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.




      _______ _   _x______   ___
               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)                                         AR20090009741



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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