RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         9 March 2006
      DOCKET NUMBER:  AR20050007638


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Jeanette B. McPherson         |     |Member               |
|     |Mr. David W. Tucker               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In two applications, the applicant requests, in effect, award of the
Army Commendation Medal (ARCOM), Army Good Conduct Medal (ARCOM), and
Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he was promised the ARCOM and AGCM on
the premise of receiving an honorable discharge.  He further states that
while he was serving at Camp Giant in Korea as a combat engineer (12B) on
23 November 1983, his platoon came under fire from the direction of
Panmunjon.

3.  The applicant provides a self-authored statement and separation
document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 10 January 1989.  The application submitted in this case
is dated
20 May 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows he enlisted in the Regular Army and
entered active duty on 7 July 1981.  He was trained in, awarded, and served
in military occupational specialty (MOS) 12B (Combat Engineer).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows that
during his active duty tenure, he earned the following awards:  Army Good
Conduct Medal (2); Army Service Ribbon; Noncommissioned Officer
Professional Development Ribbon with Numeral 2; Army Achievement Medal;
Overseas Service Ribbon; Sharpshooter Qualification Badge with Rifle Bar;
and Marksman Qualification Badge with Grenade Bar.  The ARCOM and CIB are
not included in the list of awards contained on the record.  Item 35
(Record of Assignments) shows that while serving in Korea, he was assigned
to the 29th Engineer Battalion, performing duties in MOS 12B.
5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents indication that the applicant was ever
recommended for, or awarded the ARCOM or CIB by proper authority.

6.  On 10 January 1989, the applicant was honorably discharged at the
expiration of his term of service.  The DD Form 214 he was issued shows
that he completed a total of 7 years, 6 months, and 4 days of active
military service, and that he held and had served in MOS 12B.  The list of
awards contained in Item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) does not include the ARCOM and CIB.
 The applicant authenticated this document with his signature in Item 21
(Signature of Member Being Separated).

7.  On 8 June 2004, a correction to the applicant's DD Form 214 (DD Form
215) was issued that added the Korean Defense Service Medal to Item 13 of
the applicant's DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  It stipulates that
individual awards must be recommended on a Recommendation for Award (DA
Form 638) and approved by the proper award authority.  Paragraph 3-16
contains guidance on award of the ARCOM.  It states, in pertinent part,
that it is awarded to any member of the Armed Forces of the United States
who, while serving in any capacity with the Army after 6 December 1941,
distinguishes himself or herself by heroism, meritorious achievement or
meritorious service.  There are no provisions for an automatic award of the
ARCOM.  It must be recommended, and approved by the proper award authority.


9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the AGCM, disqualification
must be justified.

10.  Paragraph 8-6 provides for award of the CIB.  That paragraph states
that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the ARCOM, CIB, and AGCM, and
the supporting documents he submitted were carefully considered.  However,
there is insufficient evidence to support his claim.

2.  The evidence of record confirms the applicant completed a total of 7
years, 6 months and 4 days of active military service.  It also shows he
received two awards of the AGCM, which accounts for six years of qualifying
service.  Therefore, he would not have attained eligibility for a third
award of the AGCM until he completed nine years of active duty service.

3.  The governing awards regulation provides no provisions for award of the
ARCOM based on honorable service.  The award must be recommended for a
specific act, achievement, or period of service, and it must be approved by
the proper award authority.  In this case, the applicant's record is void
of any indication that he was ever recommended for, or awarded the ARCOM.
As a result, there is an insufficient evidentiary basis to grant this
requested award.

4.  By regulation, in order to qualify for the CIB, a member must hold and
serve in an infantry MOS, in an infantry unit of brigade, regimental, or
smaller size, and be personally present and actively participate with the
qualifying infantry unit while it is engaged in combat with enemy forces.
Service in combat alone does not qualify an individual for the CIB.  The
applicant's record confirms he held and served in MOS 12B, and that he
served in an Engineer Battalion in Korea.  Thus, the regulatory burden of
proof necessary to support award of the CIB has not been satisfied in this
case.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 January 1989, the date of his
separation. Therefore, the time for him to file a request for correction of
any error or injustice expired on 9 January 1992.  He failed to file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RTD _  __JBM __  ___DWT_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Richard T. Dunbar ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007638                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1989/01/10                              |
|DISCHARGE AUTHORITY     |AR 635-200 C4                           |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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