IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160012052 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 IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160012052 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. IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160012052 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 correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Combat Infantryman Badge (CIB) and Purple Heart (PH). 2. The applicant states his awards of the CIB and PH for wounds he received in a firefight on 17 April 1973, are not listed on his DD Form 214. He believes the records were classified since no American troops were supposed to be across the Injim River on the Demilitarized Zone (DMZ) in Korea during the Vietnam era. He was told he and his fellow Soldier were military policemen (MP) attached to the Republic of Korea Armed Forces. 3. The applicant provides a copy of his DD Form 215 (Correction to 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 on 24 July 1972. He completed training and he was awarded military occupational specialty (MOS) 11B (Infantryman). 3. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the CIB or PH. Item 35 (Record of Assignments) does not reflect an assignment history prior to 25 January 1974. 4. His records contain special orders, which show the applicant was assigned to Company A, 1st Battalion, 31st Infantry Regiment, 2nd Infantry Division effective 15 June 1973, when he was awarded the Expert Infantryman Badge. 5. On 23 April 1975, he underwent a physical examination pending his release from active duty. His records contain Standard Form 88 (Report of Medical Examination) in which the applicant stated he was in fair health; however, he did not indicate he had suffered a wound or injury while on active duty. He was subsequently deemed qualified for separation. 6. The applicant was honorably released from active duty on 23 July 1975. He completed 3 years of total active service. The DD Form 214 he was issued at the time shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Expert Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. It does not show he was awarded the CIB or PH. The applicant authenticated his DD Form 214, acknowledging the information contained on the document, to include the absence of the CIB and PH, was correct. 7. His DD Form 214 was corrected by DD Forms 215 on 11 January and 30 July 2013, respectively, to add the Korea Defense Service Medal, to indicate he performed Indochina or Korea service since 5 August 1964, and to show he completed 10 months and 8 days foreign service. 8. During the processing of this case, an analyst for the ABCMR contacted a member of the Awards and Decorations Branch, U.S. Army Human Resources Command who stated the applicant previously inquired about being awarded the CIB. On 23 January 2013, they mailed the following response to the applicant. "The CIB is authorized during the period of the Korean Conflict from 27 June 1950, to 27 July 1953, and for service on the DMZ from 4 January 1969, to 31 March 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 satisfactorily participated in combat while the unit was actively engaged with the enemy. Being assigned to combat patrol duty is insufficient verification for this award. We acknowledge that you held an infantry MOS and served in Korea during a qualifying time period. However, without supporting documentation, including eyewitness statements noting your satisfactory participation in combat while your infantry unit was actively engaged with the enemy and an official unit report of the action, an award of the CIB cannot be authorized. Historical records for units and headquarters commands are archived at the National Archives at College Park, ATTN: Textual Reference Branch, 8601 Adelphi Road, College Park, Maryland 20740-6001. We recommend corresponding with that agency for a review of archived records that may locate the official unit report or after action report of your unit for the periods in question. Please forward any located documentation to this office for further review." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the CIB 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. Campaign or battle credit alone is not sufficient for award of the CIB. 2. This regulation further states special provisions exist for Soldiers who served in Korea subsequent to 4 January 1969. Soldiers must have served in the hostile fire area at least 60 days and be authorized hostile fire pay. The Soldier must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty. The Soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times. The Soldier must have been recommended personally by each commander in the chain of command and approved at the division level. 3. Effective 11 January 2007, the special requirements for award of the CIB for service in the Republic of Korea on the DMZ were rescinded. 4. Army Regulation 600-8-22, paragraph 2-8, states the PH is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the Servicemember's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the Servicemember's medical and/or health record. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. 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. 2. The applicant's sincerity and service in Korea in an infantry MOS in an infantry unit is not in question. However, award of the CIB is not supported by any verifiable documented evidence that shows he was personally engaged in active ground combat during his period of service in Korea. 3. The PH differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the PH requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 4. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. 5. In this case, the applicant's complete medical records are not available for review with this case; however, of the medical documents available, it does not indicate he was injured or wounded by hostile action. His service record is void of orders that show he was awarded the PH and there is no conclusive evidence in his service personnel record that shows he was wounded or injured as a result of hostile action or treated for such wounds. In addition, the applicant authenticated his DD Form 214, acknowledging the information contained on the document, to include the absence of the CIB and PH was correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012052 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012052 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2