IN THE CASE OF:	  

		BOARD DATE:	        21 OCTOBER 2008

		DOCKET NUMBER:  AR20080008601


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, in effect, that he be awarded the Army Good Conduct Medal, the Combat Infantryman Badge, the Korea Defense Service Medal, the National Defense Service Medal, the Overseas Service Ribbon, the Army Service Ribbon, the Republic of Korea Presidential Unit Citation, and the United Nations Service Medal. 

2.  The applicant essentially states that regulations now in effect state that he is eligible for the aforementioned awards and decorations.  He also states that he did mine sweeps and patrols in Korea, and that they lost a Soldier to a mine and another was injured.  He further states, in effect, that his unit was on alert and flew to the Demilitarized Zone (DMZ) for about 5 months or more after the South Korean president was assassinated, and that he received hostile fire/imminent danger pay the entire time he was there.  Additionally, he states that he was medically evacuated to Camp Casey due to a stroke.  Further, he essentially states that his unit received small arms fire on several occasions while they were patrolling the DMZ, but that they were not allowed to return fire.

3.  The applicant provides an undated, self-authored statement; a Certificate of Achievement; Headquarters, Department of the Army (HQDA) Letter 600-05-1, subject:  Changes to the Combat Infantryman Badge and the Combat Medical Badge and the Establishment of the Combat Action Badge; and information, dated 6 May 2008, from a Department of Veterans Affairs database regarding his military service in support of this application.


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's military records show that he enlisted in the Regular Army on 1 May 1979 for a period of 3 years.  He completed initial entry training and was awarded military occupational specialty 11B (Infantryman).  He then served in Korea from 14 August 1979 to 13 August 1980 with the 1st Battalion, 23d Infantry Regiment, 2d Infantry Division.  He was then reassigned to Fort Knox, Kentucky, in September 1980; however, on 20 January 1981, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200 (Enlisted Personnel) for failing to maintain acceptable standards for retention.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to him at the time of his discharge shows that he was awarded the First Class Gunner Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The First Class Gunner Marksmanship Badge was subsequently renamed the Sharpshooter Marksmanship Qualification Badge.

3.  The applicant requested that he be awarded the Army Good Conduct Medal.  However, the applicant only completed 1 year, 8 months, and 20 days of his 
3-year active duty service obligation due to being discharged under honorable conditions for failing to maintain acceptable standards for retention.  He also accepted nonjudicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) for assaulting another Soldier by striking him in the face with a closed fist and for being disorderly in quarters during his tour in Korea.

4.  The applicant also requested that he be awarded the Combat Infantryman Badge.  His military records show that he possessed and served in an infantry MOS with the 1st Battalion, 23d Infantry Regiment, during his tour in Korea.  However, there is no evidence in his military records, and the applicant did not provide any evidence which conclusively shows that his unit in Korea engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in ground combat.

5.  The applicant's DD Form 214 does not show that he was awarded the Korea Defense Service Medal.  However, he served in Korea from 14 August 1979 to 13 August 1980.

6.  The applicant requested that he be awarded the National Defense Service Medal.  However, the applicant did not serve on active duty during a qualifying period for award of the National Defense Service Medal.

7.  The applicant also requested that he be awarded the Overseas Service Ribbon.  The applicant completed an overseas tour in Korea from 14 August 1979 to 13 August 1980; however, he did not have an Active Army status on or after 1 August 1981.

8.  Additionally, the applicant requested that he be awarded the Army Service Ribbon.  The applicant completed initial entry training prior to 1 August 1981; however, he did not have an Active Army status on or after 1 August 1981.

9.  Further, the applicant requested that he be awarded the Republic of Korea Presidential Unit Citation.  However, the Republic of Korea Presidential Unit Citation was not awarded to the 1st Battalion, 23d Infantry Regiment, during the applicant's assignment to this battalion.

10.  The applicant also requested that he be awarded the United Nations Service Medal for his service in Korea from 14 August 1979 to 13 August 1980.  However, the United Nations Service Medal was only awarded for service in Korea between 27 June 1950 and 27 July 1954, and only when certain other criteria were met.

11.  The applicant essentially stated that regulations now in effect state that he is eligible for the awards and decorations he has requested.  He also stated that he did mine sweeps and patrols in Korea, and that they lost a Soldier to a mine and another was injured.  He further stated, in effect, that his unit was on alert and flew to the DMZ for about 5 months or more after the South Korean president was assassinated, and that he received hostile fire/imminent danger pay the entire time he was there.  Additionally, he states that he was medically evacuated to Camp Casey due to a stroke.  Further, he essentially stated that his unit received small arms fire on several occasions while they were patrolling the DMZ, but that they were not allowed to return fire.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service.

13.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  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.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  The Combat Infantryman Badge is authorized for award for service in Korea on the DMZ from 4 January 1969 to 31 March 1994.

14.  Army Regulation 600-8-22 further provides, in pertinent part, that the Korea Defense Service Medal 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 encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30- or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

15.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

16.  Army Regulation 600-8-22 provides that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of an overseas tour.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

17.  Army Regulation 600-8-22 also shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

18.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, this regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  This regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.

19.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal, the Combat Infantryman Badge, the Korea Defense Service Medal, the National Defense Service Medal, the Overseas Service Ribbon, the Army Service Ribbon, the Republic of Korea Presidential Unit Citation, and the United Nations Service Medal. 

2.  The applicant failed to complete his 3-year active duty service obligation due to being discharged under honorable conditions for failing to maintain acceptable standards for retention.  He also accepted NJP under Article 15 of the UCMJ for assaulting another Soldier by striking him in the face with a closed fist and for being disorderly in quarters during his tour in Korea.  As a result, there is no basis for awarding him the Good Conduct Medal.

3.  While the applicant possessed and served in an infantry MOS with the 1st Battalion, 23d Infantry Regiment, during his tour in Korea, there is no evidence in his military records, and the applicant did not provide any evidence which conclusively shows that his unit in Korea engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in ground combat.  Therefore, there is insufficient basis upon which to award the applicant the Combat Infantryman Badge.

4.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his military records to show the award of the Korea Defense Service Medal.

5.  As the applicant did not serve on active duty during a qualifying period for award of the National Defense Service Medal, there is no basis for awarding him this medal.

6.  Although the applicant completed an overseas tour in Korea from 14 August 1979 to 13 August 1980, he did not have an Active Army status on or after 1 August 1981.  As a result, there is no basis for awarding him the Overseas Service Ribbon.

7.  Although the applicant completed initial entry training prior to 1 August 1981, he did not have an Active Army status on or after 1 August 1981.  As a result, there is no basis for awarding him the Army Service Ribbon.

8.  As the Republic of Korea Presidential Unit Citation was not awarded to the 1st Battalion, 23rd Infantry Regiment, during the applicant's assignment to this battalion, there is no basis for awarding him this unit award.

9.  As the applicant did not serve in Korea during the qualifying period for award of the United Nations Service Medal, there is no basis for awarding him this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Army Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Overseas Service Ribbon, the Army Service Ribbon, the Republic of Korea Presidential Unit Citation, or the United Nations Service Medal. 



      _________XXX_____________
                 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)                                         AR20080008601



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ABCMR Record of Proceedings (cont)                                         AR20080008601



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