BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012779
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 during his time in Korea he served on the Demilitarized Zone (DMZ) for a total of 120 days in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). During August 1976 there was a configuration that resulted in an exchange of small arms fire as well as artillery fire. That was the same day the North Koreans hacked four U.S. servicemen to death. He believes that event meets the criteria for award of the CIB. He adds that he believes his PTSD stems from that event and the CIB is needed to assist him in getting his claim for service-connected PTSD approved.
3. The applicant provides no additional documentary evidence.
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. On 6 August 1976, the applicant enlisted in the Regular Army. He completed training and was awarded MOS 11C.
3. His DA Form 2-1 (Personnel Qualification Record) shows he was credited with service in Korea during the period 6 January 1977 through 9 January 1978. It further shows he served in Company C, 1st Battalion, 17th Infantry Regiment.
4. On 5 August 1979, he was honorably released from active duty. He completed 3 years of creditable active service. His DD Form 214 does not show the CIB.
5. His record is void of documentation showing he served in active ground combat during his service in Korea.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in action in Korea that would warrant award of the CIB.
2. His record shows he served in an infantry battalion in Korea during the period 6 January 1977 through 9 January 1978, and he states he served on the DMZ for 120 days. He mentions incidents that happened in August 1976, before he arrived in Korea. However, there is no evidence of record to show he ever served in active ground combat. Therefore, there is an insufficient basis upon which to award him the CIB and add this badge to his DD Form 214 at this time.
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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