BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100024738
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 two awards of the Combat Infantryman Badge (CIB).
2. The applicant states he served at the Demilitarized Zone (DMZ) in Korea with Company A, 2nd Battalion, 8th Cavalry from 1964 to 1965. He also served in Southwest Asia in support of Operation Desert Storm in 1991 with the 301st Military Police (MP) Company. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) listed his last duty assignment as Company A, 1st Battalion, 29th Infantry, Fort Benning, GA. However, this is in reference to his last 4 months of service in the Army. Another section of his DD Form 214 clearly shows he served in the U.S. Army Pacific (USARPAC) - Korea but did not list his unit. Additionally, he served during Operation Desert Storm and he was attached to the 89th MP Brigade. The CIB was given then. He is unsure if he qualified for it.
3. The applicant provides:
* DD Form 214 for the period ending on 1 December 1965
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 15 July 1991
* DD Form 215 (Correction to DD Form 214)
* Unit Orders Number 50, dated 22 July 1964
* DA Form 137 (Installation Clearance Record)
* DA Form 2349 (Military Pay Voucher)
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. The applicant's records show he was inducted into the Army of the United States and entered active duty on 22 November 1963. He completed basic combat training and advanced individual training and was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Subsequent to completion of MOS training, he served in Korea from 22 May 1964 to 25 June 1965. He was assigned as a rifleman to Company A, 2nd Battalion, 8th Cavalry.
4. Upon completion of his Korea tour, he was reassigned to Company A, 1st Battalion, 29th Infantry, Fort Benning, GA. He remained there until he was honorably released from active duty in the rank/grade of private first class/E-3 on 1 December 1965 and transferred to the U.S. Army Reserve Control Group to complete his Reserve obligation.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB.
6. He enlisted in the Puerto Rico Army National Guard (PRARNG) on 2 November 1975 and he was awarded MOS 95B (Military Police) on 19 January 1978. He served through multiple extensions or reenlistments in the ARNG and attained the rank/grade of staff sergeant/E-6.
7. He was ordered to active duty on 7 January 1991 and served in Southwest Asia in support of Operation Desert Storm from 14 February to 25 June 1991. He was assigned as a 95B to the 301st MP Company.
8. He was honorably released from active duty on 15 July 1991 to the control of his ARNG unit. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service does not show the CIB.
9. His Noncommissioned Officer Evaluation Report for the period November 1990 through October 1991 shows he performed MP duties with the 210th MP Battalion, 89th MP Brigade during his deployment to Southwest Asia.
10. His contemporaneous DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record) during his Korea service and DA Form 2-1 (Personnel Qualification Record) during his Southwest Asia service do not list award of the CIB. Additionally, his records do not contain official records that list award of the CIB.
11. On 5 November 2009, his petition to the U.S. Army Human Resources Command regarding award of the CIB was denied by reason of his non-assignment to an infantry unit in Korea and not holding an infantry MOS or assigned to an infantry unit during Operation Desert Storm.
12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That 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, 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. The CIB is authorized for award for the Korean War (27 June 1950 to 27 July 1953) and Southwest Asia Conflict (17 January to 11 April 1991).
13. Army Regulation 600-8-22 states special provisions exist for Soldiers who served in Korea subsequent to 4 January 1969. Soldiers must have served in the hostile fire area at least 60 days and be authorized hostile fire pay. The Soldier must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty. The Soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times. The Soldier must have been recommended personally by each commander in the chain of command and approved at the division level. There are no provisions for retroactive award of the CIB for Korean veterans
14. Effective 11 January 2007, the special requirements for award of the CIB for service in Korea on the demilitarized zone are rescinded. Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the CIB may submit an application (to include supporting documentation) for award of the badge to Commander, U.S. Army Human Resources Command, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.
DISCUSSION AND CONCLUSIONS:
1. With respect to his service in Korea, the evidence of record shows the applicant served in Korea as a rifleman to Company A, 2nd Battalion, 8th Cavalry from 22 May 1964 to 25 June 1965. Although he held an infantry MOS, there is no evidence he served with an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Therefore, there is insufficient evidence to support awarding him the CIB for this period of service.
2. With respect to his service in Southwest Asia, the evidence of record shows he held an MP MOS and he was assigned to an MP battalion. There is no evidence in the available records and he did not submit evidence that shows he served in an infantry MOS, that he was assigned or attached to an infantry unit of brigade, regimental or smaller size, or that he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. Therefore, he does not qualify for award of the CIB during this period.
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) AR20100024738
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ABCMR Record of Proceedings (cont) AR20100024738
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