BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015727 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015727 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. BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015727 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflect award of the Combat Infantryman Badge (CIB). 2. The applicant states he completed the Advanced Combat Training Academy while stationed at Camp Young, South Korea, and he was paid Hostile Fire Pay (HFP) for September 1969. 3. The applicant provides copies of: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * DA Form 2349 (Military Pay Voucher) 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 14 March 1968. He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 27 (Military Education), he completed the following courses; * Generator Operations, Korea, 5 days, 1969 * Noncommissioned Officer Academy, 11B4O, Ft. Benning, GA, 13 weeks, 1968 * Advanced Combat Training Academy, 11B4O, Camp Young, Korea, 4 weeks, 1969 * Counter Drill Warfare, 11B40, Camp Casey, Korea, 3 weeks, 1969 b. item 38 (Record of Assignments), he was assigned to Company B, 1st Battalion, 31st Infantry, 7th Infantry Division, U.S. Army Pacific, from 14 June through 3 October 1969; c. item 38, he received "excellent" conduct and efficiency ratings throughout his service; and d. item 41 (Awards and Decorations), he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal, Marksman Marksmanship Qualification Badge (M-14) with Rifle Bar. 4. He was honorably released from active duty on 13 March 1970 in the rank/grade of sergeant/E-5. He completed 2 years of net active service and 6 months, 2 days of foreign service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal, and Marksman Marksmanship Qualification Badge (M-14) with Rifle Bar. 5. A letter from the U.S. Army Human Resources Command (HRC), dated 14 March 2012 states: a. We have verified your entitlement to awards of the Korea Defense Service Medal and Republic of Korea Presidential Unit Citation; however, we were unable to verify your entitlement to the CIB. The Imjin Scout Badge was earned by attendance at the Advanced Combat Training Academy. Later, the 2nd Infantry Division awarded the patch and certificate for 20 operational missions on the Demilitarized Zone (DMZ) in the Republic of Korea. It is not an official Army award. Accordingly our office does not issue it. b. The CIB was authorized during the period of the Korean Conflict from June 27, 1950 to July 27, 1953, and for service on the DMZ from July 29, 1953 to March 31, 1994. To be eligible to receive the CIB during this period, Soldiers must be assigned to an Infantry unit, possess an MOS of Infantry, and have satisfactorily participated in combat while the unit was actively engaged with the enemy. Being assigned to a qualifying unit and possessing a qualifying MOS alone are insufficient for award of the CIB. If you have any official documentation verifying your satisfactory performance of your Infantryman duties against an armed enemy, please forward it to this office for further review. c. The letter further states HRC verified and authorized his entitlement to the following awards and decorations that were not currently listed or were incorrectly listed his DD Form 214: * Army Good Conduct Medal * Sharpshooter Marksmanship Badge with Machine Gun Bar * Marksman Marksmanship Badge with Rifle and Auto Rifle Bars d. A DD Form 215 (Correction to Report DD Form 214, Certificate of Release or Discharge From Active Duty) amending his DD Form 214 was enclosed with the letter. 6. The applicant provided a copy of his Military Pay Voucher for pay period 1-28 February 1970, with what appears to be a handwritten annotation that shows he was due HFP for September 1969 (30 days). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. a. 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. b. Effective 11 January 2007, special requirements previously in effect for award of the CIB for service in Korea on the DMZ were rescinded. Army veterans and service members who served in Korea on or after 28 July 1953 and who meet the criteria for award of the CIB may submit an application (to include supporting documentation) for award of the badge to Commander, U.S. Army Human Resources Command, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. 2. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. DISCUSSION: The available evidence does not show that the applicant met all requirements for award of the CIB. There is no evidence confirming he actively participated in ground combat while assigned to an infantry unit in Korea. Being eligible for HFP is not a basis for award of the CIB nor is it evidence of having actually participated in ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015727 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015727 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2