BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011284
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:
a. He requests award of the CIB under the special provisions of service in Korea on the Demilitarized Zone (DMZ). The special requirements for award of the CIB for service in Korea were rescinded. Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the CIB may submit an application for award of the CIB.
b. He served as platoon leader on the DMZ from February to December 1967 with Company C, 1st Battalion, 38th Infantry, 2nd Infantry Division. During that time he was patrol leader for hunter, killer, and ambush patrols and barrier commander in charge of 30 foxholes on the military demarcation line. He was guard post commander of 3 guard posts. There were nightly firefights. He also stepped on "Bouncing Betty" (anti-personnel mine) which exploded.
c. He describes actions and incidents he was personally involved in while serving on the DMZ.
3. The applicant provides:
* Service personnel records
* Personal statement
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 commissioned a second lieutenant in the U.S. Army Reserve on 5 June 1966. He was ordered to active duty on 12 November 1966. He served as an infantry unit commander assigned to Company C, 1st Battalion, 38th Infantry of the 2nd Infantry Division in Korea from 28 February to
12 December 1967.
3. His DA Forms 67-5 (Officer Efficiency Report) covering the period 3 February 1967 to 5 December 1967 show he was assigned to Company C, 1st Battalion, 38th Infantry of the 2nd Infantry Division in Korea on the DMZ. These forms show his principal duty was platoon leader.
4. He was released from active duty on 11 November 1968.
5. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 November 1968 does not show the CIB as an authorized award.
6. There are no orders for the CIB in the available records.
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. The regulation states the CIB is authorized for award in Korea on the DMZ from 4 January 1969 to 31 March 1994.
DISCUSSION AND CONCLUSIONS:
Evidence shows the applicant served in Korea on the DMZ from February 1967 to March 1968. However, the CIB is not authorized for that particular period. It is authorized on the DMZ from 4 January 1969 to 31 March 1994. 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.
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