ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 March 2019

	DOCKET NUMBER:  AR20170000128


APPLICANT REQUESTS:  award of the Combat Infantryman Badge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

* November of 1966 along the Korean Demilitarized Zone (DMZ), North Korea claimed American lives in combat
* President Johnson’s administration kept a tight lid on hostile action against Americans along the DMZ
* He was a member of A Company, 2nd Battery, 9th Infantry when the unit was ordered to patrol
* He is requesting the Combat Infantryman Badge because they feared for their lives during the patrol, although they did not see any action

3.  The applicant provides his DD Form 214.  Although the applicant states he submitted articles in support of the application, there was no additional supporting documentation attached.

4.  A review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 7 July 1965.  

	b.  His DA Form 20 (Enlisted Qualification Record) shows he served in military occupational specialty (MOS) 11B from 25 July 1966.  Special Orders Number 230, dated 18 August 1965, noted his MOS as 11B upon completion of training.

   c.  He served in Korea from 22 November 1965 through 14 December 1966.

	d.  He was honorably released from active duty on 6 July 1967.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge shows he completed 2 years of total active service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Sharpshooter Marksmanship Badge with Rifle Bar

5.  By regulation, (AR 600-8-22 (Military Awards)), the special requirements for award of the Combat Infantryman Badge for service in Korea on the DMZ are rescinded.  Also by regulation, to be awarded the Combat Infantryman Badge, a Soldier must meet three requirements: 

* be an infantryman satisfactorily performing infantry duties
* be assigned to an infantry unit during such time as the unit is engaged in active ground combat
* actively participate in such ground combat

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  Regulatory guidance requires infantrymen to engage the enemy as a member of an infantry unit etc. The record of the applicant has no evidence showing he engaged enemy forces in any armed conflict.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.

	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 672-5-1 (Awards – Decorations, Awards, and Honors), in effect at the time, provides Army policy, criteria, and administrative instructions concerning individual military decorations.  It states for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements:

* be an infantryman satisfactorily performing infantry duties
* assigned to an infantry unit during such time as the unit is engaged in active ground combat
* actively participate in such ground combat

3.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6e (3), states the special requirements for award of the Combat Infantryman Badge for service in Korea on the DMZ are rescinded.  Army veterans who served in Korea on or after 28 July 1953 and meet the criteria for award of the Combat Infantryman Badge may submit an application with supporting documentation directly to the U.S. Army Human Resources Command (HRC), ATTN: Veterans Support Branch, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122.  This award may be requested by letter and must contain assignment, attachment, or operational control orders for the period during which the member believes he qualified for the award, a narrative description of the qualifying incident, a copy of the DD Form 214, and any other supporting documentation or applicable military record that shows the member meets the criteria for this award.

ABCMR Record of Proceedings (cont)	 AR20170000128


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