IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170004890 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: 20 November 2018 DOCKET NUMBER: AR20170004890 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: 20 November 2018 DOCKET NUMBER: AR20170004890 THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge. 2. The applicant states many lives were claimed in combat in November 1966, along the Korea Demilitarized Zone (DMZ). President Johnson's administration kept the American people unaware of the hostile action along the Korea DMZ. This policy denied recognition to the American forces along the DMZ. He was assigned to Company A, 2nd Battalion, 9th Infantry, when this company was ordered to patrol for the hostile North Koreans. Even though they were on patrol, they never participated in any combat action. However, this did not take away the fear that they experienced. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document: * DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) 2. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the DD Form 214 provided by the applicant is sufficient documentation to conduct a fair and impartial review of this case. REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states the Combat Infantryman Badge is awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engages in active ground combat, and actively participating in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. DISCUSSION: 1. While it appears the applicant did not file within the period 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's DD Form 214 shows he was inducted into the Army of the United States on 7 July 1965 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He was honorably released from active duty on 6 July 1967. His DD Form 214 shows he completed 2 years of active duty. His DD Form 214 also shows in: * Item 12 (Last Duty Assignment and Major Command) - Troop D, 4th Battalion, 68th Armor, 1st U.S. Army * Item 22c (Foreign And/Or Sea Service) - 1 year and 23 days and the entry USARPAC (U.S. Army Pacific) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - the National Defense Service Medal and Sharpshooters Marksmanship Qualification Badge with Rifle Bar) * Item 30 (Remarks) - No service dates for Korea 4. His service in Korea in an infantry MOS are not in question. However, there is no evidence of record and he provided none showing he was personally present performing his assigned infantry duties while his unit was actively engaged in ground combat with the enemy. 5. By regulation, a 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 for award of the Combat Infantryman Badge. 6. He stated that his unit never participated in any combat action, even though they were on patrol in the DMZ in Korea. Campaign or battle credit alone does not meet the regulatory criteria for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004890 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004890 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2