ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20190002797 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 25 April 1990, to show award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 (ABCMR) 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, in effect, the Combat Infantryman Badge is not listed on his DD Form 214 and his time lost entry on the separation document was due to his time spent in a military jail. He contends the separation document was created incorrectly because of his security clearance at the time. His commander, Captain presented him with two or three coins and later took them back after telling him he had to wait for a 25 year period to get his record corrected. He now believes his clearance issue has been resolved after 29 years going on 30 years from the time period he was told he would have to wait for his record to be corrected by Captain He requests an appearance before the Board, a review of his hidden or secret records, and that a talk to his commander Captain be executed for his application. 3. On 24 August 1989, the applicant was enlisted into the Regular Army for a period of 4 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). 4. A review of the applicant's record shows he served in Korea from 18 December 1989 to 24 April 1990. His DA Form 2A (Personnel Qualification Record) provides the entry "Other X" for a security clearance completion date and his DA Form 2-1 (Personnel Qualification Record) shows: * item 9 (Awards, Decorations and Campaigns) – no entry for the Combat Infantryman Badge * item 35 (Record of Assignments) – an entry for his assignment to Joint Security Force Company, United Nations Command Security Forces – Joint Security Area, Korea, as an 11B1O – Security Guard, on 8 January 1990 5. On 22 March 1990, a Summary Court-Martial sentence was adjudged for the applicant's violation of the Uniform Code of Military Justice, Article 92 (Violation of a Lawful General Regulation). 6. On 9 April 1990, the applicant requested immediate discharge (Early Separation) from the Regular Army and his request was approved by the appropriate authority. 7. On 25 April 1990, the applicant was honorably released from active duty. His DD Form 214 shows: * item 11 (Primary Specialty) – 11B1O C2 (Infantryman); 5 months * item 12c (Net Active Service This Period) – 0 years, 7 months, and 18 days * item 12f (Foreign Service) – 0 years, 4 months, and 7 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M – 16) Gun * Expert Marksmanship Qualification Badge with Hand Grenade Bar * item 26 (Separation Code) – "KGF" (Failure to meet minimum qualifications for Retention) * item 29 (Dates of Time Lost During This Period) – 14 days from 22 March 1990 to 4 April 1990 8. The applicant's available record is void of evidence which shows he was assigned to an infantry unit that was engaged in ground combat and that he actively participated in such ground combat. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. The Board further agreed that the available records are sufficient to fully and fairly consider this case without a personal appearance by the applicant. Regarding the applicant's request that the Board talk to his former commander, the Board noted that it is not an investigative body and the burden of proof is on the applicant. 2. The Board found no evidence that would support a conclusion that the applicant met the criteria for the Combat Infantryman Badge. Although the applicant held an infantry MOS, the available records do not show he participated in active ground combat while assigned to an infantry unit. 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states there are three basic requirements for award of the Combat Infantryman Badge. 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. 3. Army Regulation 635-5 (Separation Documents), then in effect, established standardized policy for preparing and distributing the DD Form 214. It stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered on the DD Form 214. 4. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002797 4 1