BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120020405 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

	a.  The award of the CIB for combat in Korea was not available until 1969.  In addition, the requirements for award of the CIB are more stringent than in other conflicts such as the Republic of Vietnam, Grenada, or the Gulf War.

	b.  From 2000 to 2006, Congress made changes in the requirements for award of the CIB.  One of the unfair requirements regards having to provide proof of combat involvement since the Army did not maintain the types of records they now require as proof.

	c.  Three years ago he was denied award of the CIB when the Army concluded that he met two of the three requirements; however, he was unable to prove he was present during an engagement with the enemy while his unit was under fire.

	d.  The basis of his appeal to the Board is that the manner of proof and documentation required by the Army is unfair and unjust because the documents were either never created or were destroyed by the Army.

	e.  The combat action he claims as a basis for award of the CIB is the only one that received published proof despite the several instances where he saw or heard something and opened fire.

3.  The applicant provides:

* a self-authored statement, dated 25 October 2012
* digital video disk (DVD)
* correspondence between the U.S. Army Human Resources Command (HRC) and his member of Congress, dated 11 February 2009
* correspondence between himself and HRC, dated 2 April, 5 May, and
27 October 2009
* correspondence between himself and the National Archives and Records Administration (NARA), dated 22 September 2008, 22 April 2009, and      8 May 2009
* his Freedom of Information Act (FOIA) request to HRC, dated
9 November 2009
* response to FOIA request from HRC, dated 26 January 2010
* response to FOIA request from NARA, dated 31 August 2010
* newspaper clippings
* Bronze Star Medal Certificate and citation belonging another Soldier, Private First Class (PFC) J--- L. T-----
* Purple Heart Certificate and citation belonging to PFC JLT
* Army Commendation Medal Certificate belonging to PFC JLT
* a letter from PFC JLT to the Department of the Army, dated 14 April 2010
* 2 pages of photographs
* an undated 2-page letter from the applicant to his mother
* his Imjin Scout Insignia Certificate
* DD Form 214

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 enlisted in the Regular Army on 30 August 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His record shows he served in Korea from 24 March 1967 to 10 November 1967.  He was assigned to Company B, 2nd Battalion, 38th Infantry Regiment.

4.  He was honorably released from active duty on 6 June 1969 to enter or return to school.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed
2 years, 10 months, and 4 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show he was awarded the CIB.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.

6.  The applicant provides:

	a.  Numerous pages of correspondence with HRC and NARA.

	b.  Newspaper articles detailing PFC JLT's (identified as being assigned to 2d Battalion, 38th Infantry) wounding on 10 August 1967, south of the demilitarized zone (DMZ) by Communist infiltrators.

	c.  Newspaper articles detailing the attacks on and deaths of Soldiers stationed or performing operations along the DMZ.

	d.  A copy of the Bronze Star Medal Certificate and citation awarded to PFC JLT for heroism when the patrol he was guiding on 10 August 1967 was ambushed by an undetermined number of North Korean agents at the southern end of the DMZ.

	e.  A copy of the Purple Heart and Army Commendation Medal awarded to PFC JLT for actions on 10 August 1967.

	f.  A letter from PFC JLT to the Department of the Army (DA), dated 14 April 2010, wherein he states on 10 August 1967 his sentry dog was killed and he was wounded while leading a patrol.  He further states the applicant's company was involved in exchanging fire with North Korean infiltrators and that the applicant deserves the CIB.

	g.  A copy of an undated letter to his mother describing the events of
10 August 1967.

	h.  A DVD of a National Broadcasting Company (NBC) news report from the NBC news archives on the Korean DMZ.

7.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Campaign or battle credit alone is not sufficient for award of the CIB.

8.  This regulation further 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.

9.  Effective 11 January 2007, the special requirements for award of the CIB for service in the Republic of Korea on the DMZ were rescinded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the manner of proof and documentation required by the Army is unfair and unjust because the documents were either never created or were destroyed by the Army is noted; however, 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 CIB, the criteria for proof and documentation required by the Army to award a Soldier the CIB has changed little over the years.

2.  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.

3.  The applicant provides a letter from PFC JLT.  Although this mentions the applicant's name, there is no indication the applicant actively participated in the events that occurred on 10 August 1967.  Additionally, without corroborating evidence, the letter is insufficient in itself for granting the applicant the CIB.

4.  The applicant's sincerity and service in Korea in an infantry MOS in an infantry unit is not in question.  However, award of the CIB is not supported by any verifiable documented evidence that shows he was personally engaged in active ground combat during his period of service in Korea.

5.  All evidence was carefully considered in review of this case.  Unfortunately there is no evidence in the available records which corroborates that the applicant met the criteria for award of the CIB.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

7.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 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)                                         AR20120020405



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ABCMR Record of Proceedings (cont)                                         AR20120020405



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