ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 July 2019 DOCKET NUMBER: AR20180015352 APPLICANT REQUESTS: reconsideration of his earlier requests for award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 19 October 2018 * three newspaper articles from an unknown publisher * Affidavit, dated 23 January 2014 * two Imjin Scout Certificates * Headquarters, 2nd Infantry Division, Special Orders Number 122, dated 2 May 1967 * Headquarters, 2nd Infantry Division, Letter Orders Number 09-05, dated 5 September 1967 * Headquarters, 2nd Infantry Division, Special Orders Number 3, dated 3 January 1968 * extract, Headquarters, 2nd Infantry Division, Special Orders Number 120, dated 29 April 1968 * extract Army Board for Correction of Military Records (ABCMR) Docket Number AR2005000006, dated 25 August 2005 * Department of Veterans Affairs (VA) correspondence * Honorable Discharge Certificate * Demilitarized Zone (DMZ) Map * Self-authored statement, undated * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) FACTS: 1. The applicant provided new arguments and evidence not previously considered that warrant consideration at this time. 2. Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the ABCMR in Docket Numbers AR2005000006 on 25 August 2005 and AR20070015622 on 13 March 2008. 3. The applicant states: a. He qualifies for the Combat Infantryman Badge which he never received. He held the military occupational specialty 11B10 (Infantryman) before he was awarded MOS 11D20 (Armor Intelligence Specialist), with the only difference between the two is a driver's license for MOS 11D20. b. He earned the Combat Infantryman Badge he while serving as an Infantryman Scout in the Korean DMZ in 1967 and 1968. He was in assigned to Headquarters and Headquarters Company, 3rd Battalion, 23rd Infantry Division for 12 months and he was involved in over five combat episodes. c. He was totally like a foot Soldier for 13 months in the DMZ in Korea. He was a bonafide Army reconnaissance scout and he completed 6 months of advanced infantryman training at Fort Carson. He completed 13 months as a foot reconnaissance scout. d. He participated in numerous fire fights in and along the DMZ. He was ambushed and even hit right in the chest by a grenade thrown at him by the North Korean gorilla in close combat. He killed North Korean gorilla, including one he shot at point blank range. His fellow comrades were shot, hit with grenades, including his company commander who was right beside him on 19 July 1967 and was shot in the chest and abdomen. He provided the proper first aid to his company commander and stopped his bleeding. 4. The applicant was inducted into the Army of the United States on 29 September 1966. 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (Military Occupational Specialties), he was awarded the following primary MOS specialties: * MOS 11B (Light Weapon Infantryman) on 8 April 1967 * MOS 11D (Armor Intelligence Specialist) on 22 December 1967 b. item 31 (Foreign Service), he served in Korea during the period 27 April 1967 to 26 April 1968, c. item 38 (Record of Assignment), he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 23rd Infantry Division, from 3 May 1967 to 26 April 1968 as an armor intelligence specialist and his primary duty was scout driver. 6. The applicant provided copies of: a. three newspaper articles from unknown publishers reporting on the U.S. Army involvement with North Korean soldiers and the DMZ. The applicant's name is not specifically mentioned in the articles. b. Headquarters, 2nd Infantry Division, Letter Orders Number 09-05, dated 5 September 1967, that show he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 23rd Infantry Division. c. Headquarters, 2nd Infantry Division, Special Orders Number 3, dated 3 January 1968, that show his primary MOS as 11B while he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 23rd Infantry Division, and withdrawn on 22 December 1967 and changed to primary MOS 11D. d. two IMJIN Scouts Certificates from Headquarters and Headquarters Company, 3rd Battalion, 23rd Infantry Division, for commendable participation in operational missions along the DMZ in September 1967 and March 1968. 7. On 4 September 1968, he was honorably released from active duty. His DD Form 214 shows his MOS as 11D and he completed 1 year of foreign and/or sea service. His DD Form 214 does not show award of the Combat Infantryman Badge. 8. On 25 August 2005 and in ABCMR Docket Number AR20050000006, the ABCMR denied the applicant's request for award of the Combat Infantryman Badge and cited the badge was not authorized to be awarded during the time he served in Korea and to do so would afford him a benefit not afforded to others who served during the same period. Additionally, the applicant had not established through evidence submitted or evidence of record that he met the criteria for award of the Combat Infantryman Badge. 9. On 27 February 2006, he was issued a DD Form 215 (Correction to DD Form 214) which did not award him the Combat Infantryman Badge. 10. On 13 March 2008 and in ABCMR Docket Number AR200700015622, the ABCMR denied his reconsideration request for award of the Combat Infantryman Badge and cited the evidence of record confirmed the Combat Infantryman Badge was not authorized for service on the DMZ in Korea during the period between 1967 and 1968, which is the period of the applicant's service in Korea. Therefore, even had the applicant met the three basic regulatory requirements, he would not have been authorized the Combat Infantryman Badge for his service in Korea. ? 11. The applicant provided copies of: a. an Affidavit, dated 23 January 2014, in which he stated he served as an infantry reconnaissance scout in the DMZ from 1967 to 1968 and due to his service, he sustained severe feet injuries when his unit hit a landmine. He also received several neck injuries when struck by an enemy combatant and back injuries from carrying wounded and from stresses incurred in day-to-day combat. His injuries sustained in Korea left him 100 percent disabled from combat and with post-traumatic stress syndrome. He has severe gastrointestinal problems that led to uncontrolled wet belching as well as constipation and constant acid reflux brought about by drinking any liquid, which is made substantially worse by drinking carbonated beverages. He also suffers from severe insomnia and from nightmares and flashbacks. At times, he stutters severely or experience nervous quivering in his speech patterns when in stressful situations. He frequently experiences mood swings and he under treatment for his conditions at the VA hospital in Wichita, KS. b. VA correspondence confirming his post-traumatic stress disorder. 12. His available records are void of any evidence he was recommended for or awarded the Combat Infantryman Badge by proper authority. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and awards policy applicable to the applicant’s period of service in Korea. The Board considered the applicant’s statement, his affidavit and VA record, his service record, his MOS and units of assignment, the period of his service in Korea and policy regarding award of the Combat Infantryman Badge. The Board found the applicant served in a Headquarters and Headquarters Company, that his records contained no evidence to support his statements of participation in active ground combat with enemy forces and he provided none, and there is no record of a recommendation for or award of the CIB. The Board also found that the applicant’s period of service in Korea preceded the time when the Army instituted special provisions for Soldiers serving along the DMZ in Korea. Based on a preponderance of evidence, the Board determined that the applicant was not eligible for award of the CIB; the Board found no evidence of an error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted.? 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. ADMINISTRATIVE NOTE(S): not applicable. ? REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) once contained special provisions for Soldiers who served in Korea subsequent to 4 January 1969. The special provisions stated 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. However, effective 11 January 2007, the special requirements for award of the Combat Infantryman Badge for service in the Republic of Korea on the demilitarized zone were rescinded. 2. Army Regulation 600-8-22, currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A Soldier must meet the following three requirements for award of the Combat Infantryman Badge: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. b. Qualifying times for the Combat Infantryman Badge are: * Dominican Republic – 28 April 1965 to 1 September 1966 * Korea (along the Demilitarized Zone) – 4 January 1969 to 31 March 1994 * El Salvador – 1 January 1981 to 1 February 1992 * Grenada – 23 October to 21 November 1983 * Joint Security Area, Panmunjom, Korea – 23 November 1984 * Panama – 20 December 1989 to 31 January 1990 * Southwest Asia Conflict – 17 January to 11 April 1991 * Somalia – 5 June 1992 to 31 March 1994 * Afghanistan (Operation Enduring Freedom) – 5 December 2001 to a date to be determined * Iraq (Operation Iraqi Freedom) – 19 March 2003 to a date to be determined c. There are no provisions for retroactive award of the Combat Infantryman Badge for Korean veterans. ABCMR Record of Proceedings (cont) AR20180015352 2 1