IN THE CASE OF: BOARD DATE: 24 March 2011 DOCKET NUMBER: AR20100022895 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge and the Imjin Scout Badge based on his service in Korea. 2. The applicant states these awards were authorized. 3. The applicant provides: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * his Certificate of Completion for the Counterguerrilla Warfare School * three pages from his Department of Veterans Affairs (VA) Rating Decision, dated 8 July 2010 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant requested award of the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) states 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 may submit an application (to include supporting documentation) for award of the badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. There is no evidence the applicant has applied to HRC indicating he has not exhausted his administrative remedy on this issue. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 3. He enlisted in the Regular Army on 10 October 1968 for a period of 2 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. He was assigned to Company B, 1st Battalion, 31st Infantry, 7th Infantry Division in the Republic of Korea from 25 July 1969 through 7 August 1970. 5. On 8 August 1970, he was honorably released from active duty. He completed 1 year, 9 months, and 29 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Imjin Scout Badge. 6. The Awards and Decorations Branch at HRC has informed the Board's staff the Imjin Scout Badge was a 2nd Infantry Division unique award that provided special recognition to members of the 2nd Infantry Division who served along the Demilitarized Zone (DMZ) in Korea. The badge is not an authorized Army award and is not authorized for wear upon reassignment out of the division area. DISCUSSION AND CONCLUSIONS: The Imjin Scout Badge was a 2nd Infantry Division award and the applicant was not assigned to the 2nd Infantry Division. In addition, the Imjin Scout Badge is not an authorized Army award. It is a temporary local award that is not authorized for wear outside the division area. Therefore, because it is not an authorized Army award, there is no basis for adding this badge to any Soldier's DD Form 214. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________X_________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100022895 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100022895 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1