ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170011045 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) * Permanent Change of Station Orders * Expert Infantryman Badge Orders * Expert Infantryman Badge Certificate * Request for Change of Foreign Service Tour * Imjin Scout Certificate * DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) * Memorandum, subject: Letter of continuation for Applicant * DA Form 638-1 (Recommendation for Award) 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 that he served at the demilitarized zone (DMZ) in Korea while serving with the 2nd Infantry Division, 1st Battalion 506th Infantry from 16 May 1990 through 4 June 1992. He mentioned while serving as a patrol leader on over 20 reconnaissance patrols and 20 ambush patrols in the DMZ. As per Army Regulation 600-8-22 (Military Awards) which states the Combat Infantryman Badge is authorized for award for the qualifying wars, conflicts, and operations, including Korea on the DMZ from 4 January 1969 to 31 March 1994. He believes his service at the time was not considered worthy of the Combat Infantryman Badge, even though they occasionally mirrored North Korean patrols in the DMZ and established ambushes in the early morning hours to deter them. His unit manned the guard posts for 30 day increments. 3. The applicant provides a. His permanent change of station orders assigning him to C Company, 1st Battalion, 506th Infantry, Camp Greaves, Korea. b. Permanent Orders 179-1098 and certificate, dated 27 June 1990 which awarded him the Expert Infantryman Badge c. His request for change of foreign service tour extension, approved for 12 months on 10 January 1991. d. The Imjin Scout Certificate for commendable service in the defense of freedom along the DMZ, Korea from 27 November 1990 to 27 February 1991. e. DA Form 2166-7, an evaluation as the Assistant Scout Squad Leader in the forward deployed infantry battalion located three kilometers from the Korean DMZ. f. Memorandum, subject: Letter of continuation showing he served as the assistant patrol leader on over 20 combat reconnaissance and ambush patrols conducted in the DMZ. g. DA Form 638-1, which awarded him the Meritorious Service Medal for acting as assistant patrol leader on 40 reconnaissance and ambush patrols in the DMZ. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army on 23 February 1988. He was trained in and held the military occupational specialty (MOS) 11B3G (Infantryman with Ranger special qualification identifier). b. He was honorably discharged from active duty on 13 May 1993, to accept a commission. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service does not show the Combat Infantryman Badge as an authorized award. c. He was appointed as a commissioned officer of the Army and entered active duty on 14 May 1993. He served in a variety of stateside or overseas assignments. d. He retired on 29 February 2008. His DD Form 214 for this period of service shows he completed 14 years, 9 months, and 17 days with 5 years, 2 months, and 21 days of prior service. It also shows he was awarded or authorized: * Meritorious Service Medal (3rd Award) * Army Commendation Medal (4th Award) * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal (2nd Award) * Global War on Terrorism Service Medal * Korean Defense Service Medal * NCO Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Expert Infantryman Badge * Ranger Tab * Air Assault Badge 5. His records are void of orders awarding him the Combat Infantryman Badge, and does not show that he was assigned to a unit that was engaged in hostile forces during his service in Korea. 6. By regulation to be awarded 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. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge 7. Furthermore by regulation, the Combat Infantryman Badge may be awarded for service in Korea on the DMZ, between 4 January 1969 to 31 March 1994. However, the special requirements for award of the Combat Infantryman Badge for service in the Republic of Korea are rescinded. Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the Combat Infantryman Badge outlined in paragraph 8–6c may submit an application (to include supporting documentation) for award of the Combat Infantryman Badge to the Commander, U.S. Army Human Resources Command, Awards and Decorations Branch, (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the regulatory guidance relating to the Combat Infantryman Badge relating to service within the Republic of Korea, the Board found that the applicant met all eligibility requirements to be awarded the CIB. For that reason, the Board recommended granting the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Combat Infantryman Badge. 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 (AR) 600-8-22 (Military Awards) states that to be awarded the Combat Infantryman Badge a Soldier must be an Army infantry or Special Forces (SF) officer (Specialty Skill Identifier 11 or 18) in the grade Colonel /O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry or SF MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for SF personnel in Military Occupation Specialties 18B, 18C, 18E, 18F, and 18Z (less 18D–SF medical sergeant) accrues from 20 December 1989. Retroactive awards of the Combat Infantryman Badge to SF personnel are not authorized prior to 20 December 1989. 3. AR 600-8-22 also states, the special provisions authorized for the Vietnam Conflict, Laos, and Korea on the DMZ are outlined below. a. During the Vietnam Conflict, any officer whose basic branch is other than infantry who, under appropriate orders, commanded a line infantry (other than a headquarters) unit of brigade, regimental, or smaller size for at least 30 consecutive days is deemed to have been detailed in infantry and is eligible for award of the Combat Infantryman Badge notwithstanding absence of a written directive detailing that Soldier in the infantry, provided all other requirements for the award have been met. Orders directing the officer to assume command will be confirmed, in writing, at the earliest practicable date. b. In Korea on the DMZ. The special requirements for award of the CIB for service in the Republic of Korea are rescinded. Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the Combat Infantryman Badge outlined in paragraph 8–6c may submit an application (to include supporting documentation) for award of the Combat Infantryman Badge to the Commander, U.S. Army Human Resources Command, Awards and Decorations Branch, (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. Retroactive awards under these criteria are not authorized for service prior to 29 July 1953. ABCMR Record of Proceedings (cont) AR20170011045 5 1