ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20170017129 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * list of Korea DMZ service dates 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 on 25 July 2017 [sic 25 July 2015] the awards regulation was updated to include the dates of his service on the Korea DMZ with the 2nd Infantry Division, in a designated combat zone that received hostile fire pay. The new regulation change allows for application for the CIB for service on the Korea DMZ and the receipt of hostile fire pay for that period. He is submitting a list of his dates of service near the Imjin River and/on the Korea DMZ. 3. The applicant provides a self-authored list stating he served in Korea from: * 5 to 7 and 26 to 29 March 1973 * 17 to 20 and 27 to 30 April 1973 * 1 to 16 and 28 to 30 May 1973 * 18 to 20 June 1973 * 9 to 11 July 1973 * 4 to 12 and 18 to 21 September 1973 * 2 to 4 and 23 to 25 October 1973 * 13 to 21 November 1973 * 22 to 30 January 1974 4. Review of the applicant's service record shows: a. He was inducted into the Army of the United States on 5 October 1972. Upon completion of advanced individual training, he was awarded military occupational specialty (MOS) 13E (Fire Operator and Intelligence Assistant). b. His DA Form 20 (Enlisted Qualification Records) contains the following information: (1) Item 31 (Foreign Service) – he served in Korea from 22 March 1973 to 29 March 1974. (2) Item (38) Records of Assignments) – he was assigned to Battery B, 31st Field Artilery, 2nd Infantry Division, Korea, from 2 April 1973 to 28 March 1974. He served in MOS 15J (Fire Direction Specialist). (3) Item 41 (Awards and Decorations) – does not list the CIB. c. He was honorably released from active duty on 4 October 1974 and was transferred to the U.S. Army Reserve. His DD Form 214 (Report of Separation from Active Duty shows he completed 2 years of active service, of which 1 year and 7 days of foreign service. This form also shows in: * Item 18f (Foreign and/or Sea Service) – 1 year and 7 days * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbon Awarded or Authorized the: * National Defense Service Medal * Armed Forces Expeditionary Medal for Korea * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 27 (Remarks) – item 18f – Korea d. There is no evidence he was paid hostile/combat pay during his assignment in Korea. 5. By regulation AR 600-8-22, 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. Award of the CIB is authorized for qualifying service on the Korea DMZ from 4 January 1969 to 31 March 1994. Army veterans who served in Korea on or after 28 July 1953 must meet the criteria for award of the CIB. 6. AR 600-8-22, dated 25 July 2015, paragraph 8-6e(3), stated the special requirements for award of the CIB for service in Korea on the DMZ (Demilitarized Zone) were rescinded. Army veterans who served in Korea on or after 28 July 1953 and met the criteria for award of the CIB could submit an application with supporting documentation directly to the U.S. Army Human Resources Command, Awards and Decorations Branch (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. That award could be requested by letter and must contain their assignment, attachment, or operational control orders for the period during which the member believed 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 showed the member met the criteria for this award. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded the evidence of record shows he did not meet the regulatory criteria of being either an infantryman or a Special Forces Soldier. The Board agreed there was no error or injustice in this case. 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. 11/25/2019 X CHAIRPERSON Signed by: 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 600-8-22 (Military Awards), dated 25 July 2015, provided for award of the Combat Infantryman Badge (CIB). There were 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 was engaged in active ground combat, and he must actively participate in such ground combat. In Korea on the DMZ, the special requirements for award of the CIB for service in the Republic of Korea were rescinded. Army veterans and service members who served in Korea on or after 28 July 1953 and met the criteria for award of the CIB outlined in paragraph 8–6c could submit an application (to include supporting documentation) for award of the CIB 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. 3. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated: a. The criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. Appendix V of USARV Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H . //NOTHING FOLLOWS//