IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001815 


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 the Combat Infantryman Badge. 

2.  The applicant states he would like to receive the Combat Infantryman Badge and have it added to his DD Form 214.  It was authorized in 1969 but not awarded until after his discharge. 

3.  The applicant provides his DD Form 214 and an internet article from a private website. 

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 12 September 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  His record also shows he served in Korea from 1 February 1968 to on or about 28 February 1969.  He was assigned as a rifleman or assistant gunner to the 1st Battalion, 23rd Infantry Regiment, 2nd Infantry Division. 

4.  He was honorably released from active duty on 11 September 1969.  His DD Form 214 shows he completed 2 year of active duty, of which 1 year, 1 month, and 2 days was foreign service.  It also shows he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal

5.  There is no evidence of record and he did not provide any evidence that shows he was awarded the Combat Infantryman Badge.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Combat Infantryman Badge.

7.  He provides an internet article from a private website about various badges or awards in Korea, including the Demilitarized Zone (DMZ)patch. 

8.  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.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 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.  There are no provisions for retroactive award of the Combat Infantryman Badge for Korean War veterans.

10.  Effective 11 January 2007, the special requirements for award of the Combat Infantryman Badge for service in the Republic of Korea on the DMZ was rescinded.  However, Army Regulation 600-8-22, paragraph 8-6e(3) states Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the Combat Infantryman Badge, as outlined in paragraph 8-6b, may submit an application (to include supporting documentation) for award of the Combat Infantryman Badge to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDO-A, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122.

DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the Combat Infantryman Badge.  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.

2.  The evidence of record shows the applicant served in Korea from 1 February 1968 to on or about 28 February 1969.  There is no evidence in his records and he provides none to show he met the criteria for award of the Combat Infantryman Badge or that he was recommended for or awarded this badge.  His record is void of an order and he provides none to support its addition to his DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.  However, if he can obtain additional supporting evidence he may first apply to the U.S. Army Human Resources Command.

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)                                         AR20140001815





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ABCMR Record of Proceedings (cont)                                         AR20140001815



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