BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026054 


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. 

2.  He states he is requesting award of the Combat Infantryman Badge based on his assignment with Company C, 3rd Battalion, 23rd Infantry Division, at the Demilitarized Zone (DMZ) in Korea.  In February 1967, he was assigned guard duty on the Freedom Bridge when he exchanged fire with the North Koreans.  They were ambushed and had to relieve their guard duty posts because of the enemy fire.  He requested verification of this in unit records from the National Archives and was sent a chronology for the Eighth United States Army from 1 January 1967 to 30 June 1997.  The incident he is referring to occurred on 3 February 1967, which he highlighted in this chronology (unclassified).  He did not realize that it was possible to receive the Combat Infantryman Badge until recently.  He meets all of the criteria for this award and respectfully request that this distinguished badge be awarded to him.

3.  He provides a copy of the Eighth United States Army Chronology.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no statement or request or additional evidence. 

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 military records show he was inducted into the Army of the United States on 6 July 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Korea from 11 March 1967 through 16 April 1968.  He was assigned to Company C, 3rd Battalion, 23rd Infantry Division. 

3.  He was honorably released from active duty in pay grade E-4 on 10 April 1968, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

5.  There is no evidence in his records that shows he participated in ground combat during his period of service in Korea.  There are no orders in his records awarding him the Combat Infantryman Badge.

6.  He provided an Eighth United States Army Chronology, for the period 1 January 1967 to 30 June 1967, wherein he highlight the entry, "February 3 - One North Korean Soldier was killed when a group of North Korean infiltrators attacked Republic of Korean guard post in the central sector of the DMZ.  Unprovoked enemy attacks in and near the DMZ were to become an almost daily occurrence in Calendar Year 1967."

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders were published authorizing award of the Combat Infantryman Badge to him.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  

9.  Army Regulation 600-8-22 also 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 Combat Infantryman Badge for Korean veterans.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held and served in MOS 11B with the Company C, 3rd Battalion, 23rd Infantry Division, during his period of service in Korea.

2.  There is no evidence of record and he did not provide any evidence that confirms he had personally 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 during this period of service on the DMZ.  There are no orders in his records or ADCARS confirming he was awarded the Combat Infantryman Badge.  He is therefore, not entitled to this award.

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)                                         AR20100026054





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ABCMR Record of Proceedings (cont)                                         AR20100026054



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