MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            10 May 2000       
	DOCKET NUMBER:   AR2000035615

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

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah Ll. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Combat Infantryman Badge.  He states, in effect, that he is entitled to the award based on his participation in combat during the Korean War and the fact that he was wounded as a result of hostile action.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from documents provided by the applicant, including his DD Form 214.

The applicant served on active duty between 11 April 1950 and 10 April 1953.  He was assigned overseas for nearly 15 months where he was awarded the Korean Service Medal and the United Nations Service Medal.  On 13 March 1951 he was wounded as a result of hostile action and awarded the Purple Heart.  His separation document indicates he was a member of the Quartermaster Corps having completed a training course at the Engineer School, Fort Belvoir, Virginia in November 1950.

There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  The applicant did not hold an infantry specialty and as such did not meet the eligibility requirements for award of the Combat Infantryman Badge.  Battle participation alone is not sufficient for award of the badge.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 10 April 1953, the date the applicant was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 10 April 1956.

The application is dated 14 December 1999 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__mkp___  ___gdp__  __tbr___  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2000035615	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000510	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	142.00	
2.		
3.		
4.		
5.		
6.