IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140020613
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) and, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the CIB and Korea Defense Service Medal (KDSM).
2. The applicant states he should have been awarded the CIB because he was in combat in Vietnam in 1969 and he held military occupational specialty (MOS) 11B (light weapons infantryman). He heard Korea issued a badge that he should receive.
3. The applicant provides a copy of his DD Form 214.
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 21 October 1968 for a period of 2 years. He completed his training and was awarded MOS 11B. His DA Form 20 (Enlisted Qualification Record) shows:
* he served in duty MOS 70A (clerk) while assigned to the 4th Replacement Detachment, 4th Infantry Division, in Vietnam from 23 April 1969 to 6 June 1969
* he served in MOS 11B while assigned to Company A, 1st Battalion, 31st Infantry Regiment, 7th Infantry Division, in Korea from 7 June 1969 to 4 October 1969
3. On 18 September 1974, he was discharged under honorable conditions.
4. His DD Form 214 shows he was awarded or authorized the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
* Vietnam Service Medal with one bronze service star
* Armed Forces Expeditionary Medal (Korea)
5. There are no orders for the CIB in the applicant's available records.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB as an authorized award.
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 of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.
8. Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered.
2. The governing regulation for award of the CIB clearly establishes that the CIB may be awarded to personnel who hold an infantry specialty. However, they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
3. Although the applicant was awarded MOS 11B, the evidence of record shows he served in duty MOS 70A (clerk) while assigned to the 4th Replacement Detachment, 4th Infantry Division, during his tour of duty in Vietnam. There is no evidence showing he served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size. As a result, there is insufficient evidence upon which to base award of the CIB.
4. He served a qualifying period for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the KDSM to his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the CIB and adding award of the CIB to his DD Form 214.
_____________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) AR20140020613
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ABCMR Record of Proceedings (cont) AR20140020613
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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