IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130003315
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. The applicant states:
* he served in direct support of the mission on the demilitarized zone (DMZ) in Korea from 5 October 1983 to 31 August 1984 with live patrol dates of January 1984 to the end of February 1984
* at the time of his tour, the CIB was not authorized for service during this time frame
* he just recently discovered that eligibility for the CIB included being stationed on the DMZ from 1969 to 1994
3. The applicant provides:
* documentation from the U.S. Army Human Resources Command, Fort Knox, KY
* diploma
* certificate for commendable service
* certificate of achievement
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 12 November 1981. He completed his training and was awarded military occupational specialty (MOS) 11B (Infantryman). He served in Korea from 5 October 1983 to 1 September 1984. On 11 November 1985, he was honorably released from active duty.
3. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the CIB as an authorized award.
4. There are no orders for the CIB in the available records.
5. He provides a certificate for commendable service in the defense of freedom along the DMZ, Korea from January 1984 to February 1984.
6. He provides a certificate of achievement, dated 23 August 1984, for honorable and exemplary service as a rifleman in Company B, 1st Battalion, 9th Infantry, permanently forward deployed north of the Imjin River along the DMZ from
5 October 1983 to 31 August 1984.
7. He provides a letter, dated 6 August 2012, from the Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY, that states his request for award of the CIB was denied. That office was unable to verify his entitlement to the CIB and cited there was no documentation showing he satisfactorily participated while his unit was engaged in active ground combat.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he held an infantry MOS and was assigned to an infantry unit during his assignment in Korea from 5 October 1983 to 1 September 1984.
2. However, there are no orders for the CIB in the available records. There is no evidence of record which shows he served in active ground combat while an assigned member of his infantry unit. Therefore, there is insufficient evidence on which to base award of the CIB in this case.
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) AR20130003315
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