BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150010323 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: 17 May 2016 DOCKET NUMBER: AR20150010323 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: 17 May 2016 DOCKET NUMBER: AR20150010323 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, in two separate applications, award of the Combat Infantryman Badge (CIB) and copy 4 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, according to Army Regulation 600-8-22 (Military Awards), dated 11 December 2006, the CIB is authorized for tours of duty on the Demilitarized Zone (DMZ) in Korea from 4 January 1969 to 31 March 1994. He states he only received copy 1 of his DD Form 214 at the time of his discharge in 1970. 3. The applicant provides a copy of his DD Form 214. 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 enlisted in the Regular Army for 2 years on 5 September 1968. He completed training as a light weapons infantryman. He arrived in Korea on 22 April 1969 and he was assigned to Company B, 1st Battalion, 32nd Infantry, 7th Infantry Division. 3. A review of the applicant's official record fails to reveal that his assigned unit ever engaged in active ground combat with the enemy. His official record also does not contain orders awarding him the CIB. 4. The applicant returned to the United States and he was honorably released from active duty on 21 May 1970 as an overseas returnee. His DD Form 214 shows the following awards: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge (Rifle M-14) * Expert Marksmanship Qualification Badge (Rifle M-16 and Machinegun M60) * Parachutist Badge * Armed Forces Expeditionary Medal * Good Conduct Medal 5. There is no copy 4 of the applicant's DD Form 214 in his official record. REFERENCES: Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-6 authorizes award of the CIB for service on the DMZ in Korea during the period 4 January 1969 to 31 March 1994. It further states that the specific eligibility criteria for the CIB require that a Soldier must be an infantryman serving in an infantry MOS who has satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. DISCUSSION: 1. There is no copy 4 of the applicant's DD Form 214 in his official record. 2. The governing regulation authorizes the CIB for service on the DMZ in Korea during the period 4 January 1969 to 31 March 1994. However, the basic three requirements for award of the CIB include personal participation with a qualifying infantry unit while that unit was actively engaged in ground combat with a hostile force. 3. Absent any evidence confirming his personal presence and participation with his qualifying infantry unit while it was actively engaged in ground combat with hostile forces, the regulatory burden of proof necessary to support award of the CIB has not been satisfied. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010323 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010323 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2