IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100006929
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant states that the CIB was awarded to him for his service in Korea on the demilitarized zone (DMZ).
3. The applicant provides a copy of his DD Form 214.
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 on 15 February 1966. After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist). He served in Korea from 13 January 1967 to 7 February 1968.
3. During his tenure of service in Korea he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 23rd Infantry, with the following effective dates, duty MOS, and principal duty titles:
* 18 January 1967, 11H, Light Truck Driver
* 31 May 1967, 11C, Fire Direction Controller
* 17 August 1967, 11D, Assistant Squad Leader
4. The applicant was honorably released from active duty on 6 February 1968 after completing 1 year, 11 months, and 22 days of total active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the award of the CIB. The applicant's military service records do not contain any 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 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 have 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.
7. Additionally, paragraph 8-6c(5) of the same regulation authorizes award of the CIB for service in Korea on the DMZ from 4 January 1969 to 31 March 1994. The Soldier must meet the basic criteria for the badge.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's records show he served in an infantry MOS and was assigned to an infantry unit, there is no evidence to show that the applicant personally participated in active ground combat while assigned to the 23rd Infantry on the DMZ.
2. A Soldier serving in an infantry MOS in an infantry unit on the DMZ alone is insufficient to warrant award of the CIB. In all cases, the burden of proof rests with the applicant to submit substantiating proof of entitlement for awards in the absence of evidence in his or her records. The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat while on the DMZ.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100006929
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100006929
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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