IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013338 


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 (CIB).

2.  The applicant states he has been unfairly and unjustly denied the CIB by the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch for his service in the demilitarized zone (DMZ) in Korea in 1967.  He states the reason he was denied the CIB is that his military occupational specialty (MOS) code was 95B (Military Policeman).  He states his commanding officer at the time told him and everyone in his unit that this award would be entered on their discharge documents.

3.  He points out that in the Republic of Vietnam, the CIB was awarded to Soldiers who did not have MOS 11B (Infantryman).  He states that Public Law 108-375, the Korea Defense Combat Recognition Act, authorizes award of the CIB based on the identical requirements for service in the Republic of Vietnam.  He states, "Company B, 504th Military Police Battalion, was considered eligible for the CIB for actions in Vietnam."  He further states, "Our outfit was called JSA [Joint Security Area].  There is no mention of a military police battalion or company…we were assigned many duties of infantry type."  He continues by stating that many of the firefights he was involved in were not documented due to political reasons, but recalls a specific firefight where he and his unit were credited with minimizing the losses to the 76th Engineer Battalion, 2nd Infantry Division.  He states, "It is true that I have an MOS that is not infantry, but I personally feel that I received all of the infantry training needed to survive this attack by the communist North Korean soldiers on 28 August 1967."

4.  The applicant provides the following documentary evidence with his application:

	a.  a letter from the HRC Awards and Decorations Branch, dated 6 April 2010;

	b.  a letter from the National Personnel Records Center, dated 14 July 2008, showing his award entitlements and copies of personnel documents from his official military personnel file;

	c.  a letter of commendation from a U.S. Air Force major general of the United Nations Command Military Armistice Commission, dated 11 September 1967, with enclosures, including two newspaper articles describing the North Korean attack;

	d.  a Department of Veterans Affairs (VA) Rating Decision, dated 20 April 2004;

	e.  an excerpt from Public Law 108-378 enacted on 28 December 2004;

	f.  an excerpt from www.historynet.com for Company B, 504th Military Police Battalion, for the Central Highlands Highways During the Vietnam War; and

	g.  an excerpt from www.f-106deltadart.com/Korea-DMZ/uncommand titled, "United Nations Command Security Forces."

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 14 March 1967.  He completed his initial entry training and was awarded MOS 95B.  After completing his initial training, his first unit of assignment was to the U.S. Army Support Group Joint Security Area in Korea on 7 August 1967.  He departed Korea on or about 25 August 1968, returning to the continental United States for reassignment to the Presidio of San Francisco, CA.

3.  On 19 January 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  He was issued a DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) confirming he served for 1 year, 10 months, and 6 days with 1 year and 15 days of foreign service.  This form does not identify the foreign country or geographic command of his foreign service.

4.  As supporting evidence, he provided a copy of a letter from the HRC Awards and Decorations Branch, dated 6 April 2010, telling him he is not eligible for award of the CIB because he did not have an infantry MOS.

5.  He provided a letter from the National Personnel Records Center, dated 14 July 2008, showing he is authorized shipment of the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Korea Defense Service Medal

6.  He provided a copy of a letter of commendation signed by a U.S. Air Force major general from the United Nations Command Military Armistice Commission, dated 11 September 1967.  In his letter, the major general commended a lieutenant colonel and members of his unit for their outstanding performance during a surprise attack by the communist North Koreans on the Advance Camp of the Military Armistice Commission on 28 August 1967.  The major general stated, "Each Soldier acquitted himself under enemy fire in the best and finest traditions of U.S. combat forces."

7.  He provided a VA Rating Decision, dated 20 April 2004, that shows he is rated 100-percent disabled for post-traumatic stress disorder based on his combat service in the DMZ of the Republic of Korea.

8.  He provided an excerpt from Public Law 108-378 enacted on 28 December 2004 that states:

The Secretary of the Army shall provide that, with respect to service in the Republic of Korea after July 28, 1953, eligibility of a member of the Army for the Combat Infantryman Badge…shall be met under the criteria and eligibility requirements that…are identical to those applicable, at the time of such service in the Republic of Korea, to service elsewhere without regard to specific location or special circumstances…without any requirement for personal recommendation or approval by a commander.

9.  He provided an excerpt from www.historynet.com for Company B, 504th Military Police Battalion, for the Central Highlands Highways during the Vietnam War that stated, in effect, the 504th Military Police Battalion operating in the Republic of Vietnam "was the only military police battalion…operating in Vietnam…eligible for the Combat Infantryman Badge."

10.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the Combat Infantryman Badge, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

	b.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Appendix V states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	c.  Army Regulation 600-8-22 states the CIB is authorized for award for actions on the Korean DMZ after 28 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant should be justifiably proud of his service to our Nation.   Concerning award of the CIB, the evidence of record shows the applicant held MOS 95B.  As he did not hold an infantry MOS, there is no justification to award him the CIB since he did not meet the first criteria for this award.

2.  The arguments and evidence he presented shows he was stationed on the DMZ in Korea as a military policeman when it came under attack by North Korean soldiers.  However, the fact that he was engaged with communist forces does not support award of the CIB.  Additionally, his claim that members of a military police battalion received the CIB for actions in the Republic of Vietnam is not supportable due to a lack of verifiable documented evidence which would include general orders announcing this award.  Even if this claim were verifiable, it would not form the basis to approve the applicant's request.  Showing an error was made does not establish grounds to make another error.

3.  When the applicant entered the Army, he was trained in basic infantry skills that included basic and often advanced weapons training, physical fitness, infantry tactics, and survivability on the battlefield, to include first aid, field sanitation, and communications.  This training is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the CIB.

4.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for award has changed little over the years.



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)                                         AR20100013338



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ABCMR Record of Proceedings (cont)                                         AR20100013338



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