RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2007
DOCKET NUMBER: AR20070007682
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Mr. Jose A. Martinez
Member
Mr. Chester A. Damian
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests his records be corrected to reflect award of the 2nd Infantry Division combat patch (shoulder sleeve insignia former wartime service).
2. The applicant states, in effect, that from December 1972 to December 1973, he served in Korea. He was on hazardous duty orders and pay for about five months.
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 3 June 1970, the applicant was commissioned in the Regular Army in the rank of Second Lieutenant.
3. On or about 9 December 1972, he arrived in Korea and was assigned to B Company, 1st Battalion, 38th Infantry, 2nd Infantry Division. He departed Korea on or about 8 December 1973. On 30 November 1992, the applicant retired.
4. The Defense Finance and Accounting Service has verified that the applicant drew hostile fire pay from 2 June 1973 through 31 October 1973.
5. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch. In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. It further states that authorization applies to members of the Army who were assigned overseas with U.S. Army units during Korea between 27 June 1950 and 27 July 1954, both dates inconclusive. From 1 April 1968 to 31 August 1973, it is authorized for wear for those personnel who were awarded the Purple Heart, Combat Infantryman Badge, Combat Medical Badge, or who qualified for at least one month's hostile fire pay for service in a hostile fire area in Korea. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.
DISCUSSION AND CONCLUSIONS:
1. The applicants shoulder sleeve insignia former wartime service is an item of clothing wear and not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records.
2. However, Army Regulation 670-1 states that members of units assigned in Korea from 1 April 1968 through 31 August 1973 who had at least one month's hostile fire pay for service in a hostile fire area in Korea were eligible to wear the SSI. The applicant met this criteria and therefore is eligible to wear the 2nd Infantry Division "Combat Patch."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__BJE___ __CAD__ __JAM __ 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.
___ Ms. Barbara J. Ellis __
CHAIRPERSON
INDEX
CASE ID
AR20070007682
SUFFIX
RECON
DATE BOARDED
8 NOVEMBER 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES 1.
107.0000.0000
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