MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            30 January 2001   
	DOCKET NUMBER:   AR2000046037

	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 L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas e. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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 that he did not receive the Combat Infantryman Badge while serving in Korea in July 1953.  He notes that he was “transferred back to the United States prior to the award being issued.”  In support of his request he submits statements and a copy of orders, date 27 August 1954, awarding several members of his unit the combat Infantryman Badge for "satisfactory performance of duty under enemy ground fire in the vicinity of Mago-Ri, North Korea during the period 21 July 1953 to 27July 1953.”

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 show:

He entered active duty on 16 June 1952 and according to his original military service record departed Seattle, Washington on 30 June 1953 enroute to Korea. He arrived in Japan on 15 July 1953 and in Pusan, Korea on 21 July 1953.  He was assigned to Headquarters and Headquarters Company, 31st Infantry Regiment on 27 July 1953.  On 25 October 1953 the applicant was attached to the 7th Signal Company for the purpose “of attending Division Radio School for approx six (6) weeks.”  He returned to the United States in May 1954 and on 5 June 1954 was honorably discharged.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) does not reflect entitlement to the Combat Infantryman Badge.

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.

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 5 June 1954, 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 5 June 1957.

The application is dated 3 August 2000 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

__aao___  __teo___  __bfh___  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000046037	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
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.