BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005812 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 served on the demilitarized zone (DMZ) at camps Liberty Bell, Campbell, and Howze from 5 October 1980 through 5 October 1981. 3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), an email/letter of support, three photographs, four base passes, a DMZ access pass, and a Korea DMZ identification card. 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 available military record commences in 1984 with his Army National Guard (ARNG) enlistment. 3. The applicant enlisted in the Regular Army on 4 January 1979, completed training, and was awarded the military occupational specialty (MOS) 11B (Infantryman). He received additional training and was awarded a second MOS of 11H (Heavy Antiarmor Weapons Crewman). 4. The applicant was honorably released from active duty on 15 December 1982. His DD Form 214 lists his awards as the – * Overseas Service Ribbon * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Noncommissioned Officer Professional Development Ribbon 5. Item 12f (Foreign Service) of his DD Form 214 shows he served 11 months and 20 days overseas. 6. The DA Form 2-1 (Personnel Qualification Record - Part II) (commencing on 8 May 1984) contains the following information – * foreign service in Korea from 9 October 1980 through 28 September 1981 * his Federal awards are shown as the – * Overseas Service Ribbon * Good Conduct Medal (1st Award) * Army Service Ribbon * Noncommissioned Officer Professional Development Ribbon * Army Reserve Component Achievement Medal (2nd Award) * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar * his State awards are – * Montana Attendance Ribbon (4th Award) * Montana National Guard Service Ribbon (1st Award) * his MOS's were – * primary 44E (Metal Worker– Machinist) * secondary 45K (Tank Turret Repairman – Armor Repairman) * additional 11H (Heavy Antiarmor Weapons Crewman) 7. The applicant was honorably discharged from the ARNG on 7 October 1994. His awards are shown on his NGB Form 22 (Report of Separation and Record of Service) as the – * Overseas Service Ribbon * Army Service Ribbon * Noncommissioned Officer Professional Development Ribbon * National Defense Service Medal * Army Reserve Component Achievement Medal * Good Conduct Medal 8. The email/letter of support states that the veteran served with the applicant in Korea but not in the DMZ. He recounts an incident wherein the applicant and members of his unit were fired upon while swimming, killing 6 members of the applicant's unit. 9. The applicant provided copies of 1st Battalion, 31st Infantry Regiment battalion tactical operation passes for Bearcat 28, 29, and 36; Headquarters and Headquarters Company Armed Forces Liberty Pass; and a Korea DMZ identification card. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. There are basically three requirements for award of the Combat Infantryman Badge. 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. Award of the CIB is authorized for qualifying service on the Korea DMZ. DISCUSSION AND CONCLUSIONS: While the applicant served in the Korean DMZ as an infantryman, he has not provided and the record contains no evidence that he engaged with the enemy in active ground combat. In the absence of documentary evidence confirming that he was awarded the CIB or that he met the specified criteria for award of the CIB, there is an insufficient evidentiary basis for correcting his DD Form 214 to show this badge. 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 that 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) AR20150005812 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005812 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1