RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070018406 


	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.


 

Director

 

Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his overseas service and the awards that he earned.  

2.  The applicant states, in effect, that he served in Belgium, Republic of Korea, Honduras, and Grenada.  However, this overseas service is not shown on his 
DD Form 214.  He also states that he served in the demilitarized zone (DMZ) in the Republic of Korea in 1985 and contends that he should receive the Combat Infantryman Badge for this service.  He also states that he was shot while in the DMZ.    

3.  The applicant provides a membership memorandum from the United Spanish War Veterans Colony.

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.  In November 1976, the applicant enlisted in the Army National Guard.  He completed his initial training and was awarded military occupational specialty (MOS) 31E (Field Radio Repairman). NOTE:  This MOS was re-designated as 29E in 1987. 

3.  On 20 March 1979, the applicant enlisted in the Regular Army and was assigned to Fort Stewart, Georgia for duty as a field radio repairman.

4.  On 16 June 1980, the applicant was assigned for duty as a radio technician with the United States Army Support Command, in Belgium.  He served in this duty for 2 years, 10 months, and 18 days and returned to the United States on
5 May 1983.
5.  On 5 June 1983, the applicant was assigned to Fort Carson, Colorado, where he performed duty with the 104th Military Intelligence Battalion.

6.  On 5 January 1985, the applicant was assigned for duty as a field radio repairman with Company A, 702nd Maintenance Battalion, 2nd Infantry Division, in the Republic of Korea, where he served for 11 months and 16 days.

7.  On 20 December 1985, the applicant returned to the United States for duty at Fort Carson, Colorado.

8.  On 10 August 1987, the applicant was reassigned to Fort Bliss, Texas, where he performed duty with the 7th Air Defense Artillery Regiment.

9.  On 28 September 1988, the applicant was discharged due to personal hardship.  He had attained the rank of sergeant, pay grade E-5, and had completed 9 years, 6 months, and 9 days of creditable active duty. 

10.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows that he  completed 3 years, 10 months, and 4 days of overseas service.  This overseas service is not further identified on the DD Form 214.

11.  Item 13 (Decorations, Medals, Badges, citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the Army Achievement Medal, Army Good Conduct Medal (three awards), Noncommissioned Officer Professional Development Ribbon with Numeral Two, Overseas Service Ribbon with Numeral One, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.   

12.  The applicant's medical records are not available for review.  There is no available evidence showing that he was shot.

13.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

14.  Army Regulation 600-8-22 further provides that the DMZ in the Republic of Korea from 4 January 1969 to a date yet to be determined is a qualifying combat zone for award of the Combat Infantryman Badge.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 
12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he was assigned to the Republic of Korea for approximately 12 months and that he performed duties as a radio repairman with a maintenance battalion.  There is no substantiating evidence to show that he served in the DMZ.   Furthermore, there is no evidence showing that he had held an infantry MOS, was assigned or attached to an infantry unit of brigade or smaller size, and was engaged in active ground combat with such a unit. Therefore, the applicant's request for award of the Combat Infantryman Badge should be denied.

2.  There is no evidence of record showing that the applicant had been assigned for duty in either Honduras or Grenada.  The evidence of record does show that he was assigned in Belgium and the Republic of Korea for a total overseas service of 3 years, 10 months, and 4 days.  Furthermore, this overseas service was recorded in Item 12f (Foreign Service) of his DD Form 214.  There were no regulatory provisions for showing the specific locations of his overseas service on his DD Form 214.  Therefore, the applicant’s request to add these locations should be denied.

3.  The applicant's service medical records are not available for review to consider his contention that he was shot . 

4.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X__  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Korean Defense Service Medal.




      _________X_____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070018406



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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