IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130004304
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 and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the eligibility for award of the Combat Infantryman Badge changed after his discharge.
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. The applicant was inducted into the Army of the United States on 24 October 1968. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in Korea from 11 May 1969 to 10 June 1970
* item 38 (Record of Assignments) he performed duties as an Assistant Machine Gunner and Machine Gunner in duty MOS 11B
* item 38 he was assigned to Company C, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division
* item 41 (Awards and Decorations) no entry for the Combat Infantryman Badge
4. His service record does not contain orders showing he was awarded the Combat Infantryman Badge.
5. He was honorably released from active duty on 10 June 1970. His DD Form 214 doesn't show he was awarded or authorized the Combat Infantryman Badge.
6. 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 MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
7. Army Regulation 600-8-22 states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in specific qualifying wars, conflicts, and operations to include Korea on the demilitarized zone (DMZ) from 4 January 1969 to 31 March 1994.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded MOS 11B and he served in this MOS performing infantry duties while assigned to Company C, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division.
2. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.
3. The applicant's service record does not contain sufficient evidence that shows he was engaged in active ground combat with the enemy while assigned to his infantry unit in Korea on the DMZ. Therefore, there is insufficient evidence to show he met all of the requirements for award of the Combat Infantryman Badge.
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) AR20130004304
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130004304
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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