BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009238
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 the Combat Infantryman Badge (CIB).
2. The applicant states he served on the Demilitarized Zone (DMZ) in the Republic of Korea (ROK) in 1969.
3. The applicant provides:
* his DD Form 214
* a letter from the National Personnel Records Center (NPRC), dated
13 August 2010
* a Veterans of Foreign Wars (VFW) news article entitled Statesville man shares history in television documentary, dated 15 November 2003
* a DA Form 2349 (Military Pay Voucher), dated 15 August 1969
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 was inducted into the Army of the United States on 16 August 1968. He completed training and he was awarded the military occupational specialty (MOS) 64A (Light Vehicle Driver).
3. He arrived in the ROK and he was assigned to B Company, 2nd Supply and Transportation Battalion on 28 January 1969 where he performed duties as a light truck driver. He departed the ROK on 23 March 1970. On 24 March 1970, he was honorably released from active duty as an overseas returnee. He completed 1 year, 7 months, and 9 days of total active service.
4. Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Authorized or Awarded) of the DD Form 214 he was issued shows the:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
5. Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
20 (Personnel Qualification Record) does not show award of the CIB.
6. There are no orders in the applicant's available record that shows he was awarded the CIB.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. It is authorized for qualifying service in Korea on the demilitarized zone (DMZ) for the period 4 January 1969 to 31 March 1994.
8. Army Regulation 600-8-22 states all Soldiers are provided basic combat skills training after they enter the Army. This 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 Combat Infantryman Badge. It further states 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 Combat Infantryman Badge, the criteria for award has changed little over the years.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant did not provide any evidence that he was awarded an infantry MOS or that he served in an infantryman position. Evidence of record shows that he was a light truck driver in MOS 64A assigned to a supply and transportation unit in the ROK.
2. The applicant did not meet the basic criteria for award of the Combat Infantryman Badge, nor did he meet the specific requirements for award of a Combat Infantryman Badge while serving in the ROK.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110009238
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