BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023484 


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.

2.  The applicant states he thinks he deserves the badge because he served in the Korean Conflict in the demilitarized zone (DMZ) for the remainder of his duty, he was in the infantry in a combat zone, and he was in combat.

3.  The applicant provides his DD Form 214 (Report of Transfer or Discharge) in support of his application.

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 28 September 1966.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in MOS 11B assigned to Companies A and B, 2nd Battalion, 31st Infantry, in Korea from 7 April 1967 to 9 May 1968.  On 27 September 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  His DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

4.  There are no orders for the Combat Infantryman Badge in the available records.

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

6.  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.

7.  Army Regulation 600-8-22 states that, as relates to Korea, the Combat Infantryman Badge is authorized for award for the following qualifying wars, conflicts, and operations:

* The Korea War (27 June 1950 to 27 July 1953)
* Korea in the DMZ (4 January 1969 to 31 March 1994)

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and served in an infantry MOS while assigned to infantry companies in Korea in 1967/1968; however, there are no orders for the Combat Infantryman Badge available.  

2.  In addition, no evidence shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size during the period for which the Combat Infantryman Badge was authorized for service on the Korea DMZ.  Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.



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 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)                                         AR20100023484



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ABCMR Record of Proceedings (cont)                                         AR20100023484



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