IN THE CASE OF: BOARD DATE: 9 October 2020 DOCKET NUMBER: AR20200001778 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) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 3 April 1970 * DD Form 122 (Certificate for Performance of Hazardous Duty), dated 13 October 1970 * Special Orders Number 289, dated 16 October 1970 FACTS: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. The applicant states the CIB is authorized for performance of duty at the Demilitarized Zone (DMZ) between 4 January 1969 to 31 March 1994. He received hazardous duty pay while in Korea. When he requested a list of his medals, he noticed it was not there. He is requesting the oversight be corrected. 3. On 26 January 1969, the applicant was appointed as a Reserve Commissioned Officer. On 2 April 1969, he completed Infantry Officer Basic Course. 4. A DA Form 66 (Officer Qualification Record) shows in item 17 (Foreign Service) the applicant served in Korea as a Platoon Leader from 22 September 1969 to 13 March 1970 and as a Support Platoon Leader from 14 March 1970 through 27 October 1970. 5. A DA Form 67-6 (U.S. Army Officer Efficiency Report) for the period 14 March to 25 September 1970 shows he performed in an Infantry Division engaged in active operations against an armed and hostile force in the Republic of Korea. 6. On 31 October 1970, the applicant was honorably relieved from active duty. 7. The applicant provides: a. Special Orders Number 289, dated 16 October 1970, published by Headquarters, 2d Infantry Division, which authorized him to receive hostile fire pay for duty in a hostile fire zone. b. DD Form 122 (Certificate for Performance of Hazardous Duty) showing he was authorized additional pay for the period 2 through 6 February and 24 February 1970. c. 8. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 of the regulation provides for award of the Combat Infantryman Badge and that there are basically three 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. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board agreed that receiving hostile fire pay alone is insufficient evidence to support a conclusion that the applicant met the criteria for award of the CIB. To be eligible for the CIB, a Soldier must have been serving in an infantry unit while the unit is engaged in active ground combat, and the Soldier must have actively participated in the ground combat. The available records contain no documents indicating the applicant actively participated in ground combat during his tour in Korea. The Board determined the available evidence is insufficient as a basis for awarding the CIB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the correction addressed in Administrative Note(s) below, the Board determined 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 otherwise 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) The applicant is authorized the Korea Defense Service Medal which will be added to his DD From 214. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 of the regulation provides for award of the Combat Infantryman Badge and that there are basically three 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. Award of the CIB has been authorized for qualified soldiers in the several qualifying periods to include South Korea on the demilitarized zone(4 January 1969 to 31 March 1994). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001778 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1