IN THE CASE OF:	 

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110018752 


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, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 July 1977 to show the CIB and the Army Commendation Medal (ARCOM).

2.  He states:

	a.  he served 15 months with Company B, 2nd Battalion, 9th Infantry Regiment, 2nd Infantry Division on the Korean demilitarized zone (DMZ) as an infantryman in military occupational specialty (MOS) 11B (Infantryman).

	b.  he is entitled to the CIB, but it’s not listed on his DD Form 214.

	c.  he received the ARCOM during his tour of duty in Germany in 1977, but it’s also not listed on his DD Form 214.

	d.  his records were not correctly updated.

3.  He provides no additional documents.  

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.  With respect to the CIB, the ABCMR operates under the procedures set forth in Army Regulation 15-185 which provide that the ABCMR will not consider any application until the applicant has first exhausted all other administrative remedies to correct the alleged error or injustice.

3.  Army Regulation 600-8-22 (Military Awards) states the CIB is authorized for award for qualifying wars, conflicts, and operations, including service in Korea on the DMZ during the period 4 January 1969 to 31 March 1994.  It further states requests for retroactive award of the Combat Infantryman Badge for retirees and veterans who served in Korea on the DMZ subsequent to 28 July 1953 must meet the criteria for award of the CIB and may submit an application by a memorandum to the U.S. Army Human Resources Command, ATTN:  Awards and Decorations Branch (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408 with substantiating documents, including DD Form(s) 214, narrative, sworn statements, etc.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

4.  The applicant enlisted in the Regular Army (RA) on 31 December 1968 for a period of 2 years.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Korea from June 1969 through August 1970
* item 41 (Awards and Decorations), no entry for award of the ARCOM

6.  His service record does not contain any orders for award of the Army Commendation Medal.

7.  He was honorably released from active duty on 3 August 1970 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.


8.  He reentered military service in the RA on 10 September 1970.  He served in Germany from 18 September 1970 to 1 June 1973.  He was honorably discharged on 30 July 1974 for the purpose of immediate reenlistment.

9.  He reenlisted on 31 July 1974.  He served in Germany from 1 October 1974 through 26 June 1977.  

10.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 29 July 1977 does not show award of the ARCOM.

11.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he received the ARCOM during his tour of duty in Germany in 1977, but it’s also not listed on his DD Form 214.

2.  There is no evidence of record and the applicant did not provide any orders awarding him the ARCOM.  Absent such orders, there is 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)                                         AR20110018752



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ABCMR Record of Proceedings (cont)                                         AR20110018752



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