IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20110023690
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. He did not provide any justification for his request.
3. He provided his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 record shows he enlisted in the Regular Army on 6 August 1980. After completion of basic combat and advanced individual training, he was awarded and served in military occupational specialty (MOS) 13F (Fire Support Specialist).
3. A DA Form 2-1 (Personnel Qualification Record Part II) shows in item 5 (Oversea Service) that he served two tours of duty in the Republic of Korea during the periods 24 November 1980 through 23 November 1981 and 18 April 1983 through 13 April 1984.
4. Item 35 (Record of Assignments) of his DA Form 2-1 shows that during his two tours in Korea, he served in MOS 13F as a Cannoneer and Fire Support Specialist with the 2nd Infantry Division.
5. His record is absent of documentation to show that he held or served in MOS 11B (Infantryman) or any other infantry MOS at any time during his career. There is no indication in the available record which shows he served in direct combat against an enemy force.
6. He provided a DD Form 214 which shows he was discharged on 10 January 1986 after completing 5 years, 5 months, and 5 days of net active service.
7. Army Regulation 600-8-22 (Military Awards) states 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 or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
8. The CIB is authorized for award for Infantry Soldiers who served in Korea on the demilitarized zone (DMZ) during the period from 4 January 1969 to 31 March 1994.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB was carefully considered.
2. The available evidence shows he was awarded and served in MOS 13F during the entire period of his military service.
3. His record shows he served two tours of duty with the 2nd Infantry Division between 1980 and 1984. While regulatory guidance shows the CIB is authorized for award to Infantry Soldiers serving on the DMZ during this period, he has not provided sufficient evidence to show he held an Infantry MOS while engaging in active ground combat during his tours in Korea.
4. As a result, he has not shown and his record does not contain any evidence that he met the regulatory requirements for award of the CIB.
5. Therefore, he is not entitled to the 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) AR20110023690
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ABCMR Record of Proceedings (cont) AR20110023690
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