IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000717 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 January 1992 to show:

* Combat Infantryman Badge
* Korea Defense Service Medal
* Master Parachutist Badge
* Marksmanship Sniper Course
* Drop Zone Support Team Leader Course
* Survival, Evasion, Resistance, and Escape (SERE) Course

2.  The applicant states, in effect, that the above awards and service school courses were omitted from his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell Orders 11-100, dated 20 January 1987
* Request for Change of Foreign Service Tour memorandum, dated 
   9 February 1988
* 2nd Infantry Division Certificate of Appreciation
* Headquarters, 2nd Infantry Division Order 46-24, dated 16 February 1988
* 509th Personnel Service Company Orders 86-106, dated 4 May 1989
* DA Form 638 (Recommendation for Award), dated 10 January 1992

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 enlisted in the Regular Army on 1 October 1985 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).  

3.  A DA Certificate of Training shows the applicant successfully completed the 
4-week Marksmanship Sniper Course at Fort Campbell, Kentucky in August 1986.  

4.  On 27 July 1987, the applicant arrived in Korea and was assigned to Headquarters and Headquarters Company, 102nd Military Intelligence Battalion, 2nd Infantry Division, where he performed duties as an infantryman and team leader. 

5.  A DA Certificate of Training shows the applicant successfully completed the 
1 1/2-week SERE Course at Camp Humphreys, Korea in November 1986.  

6.  On 28 September 1989, the applicant departed Korea.

7.  A DA Certificate of Training shows that the applicant successfully completed the 1-week Drop Zone Support Team Leader Course at Little Rock Air Force Base, Arkansas in June 1991.  

8.  On 15 January 1992, the applicant was honorably released from active duty.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show awards for the:

* Combat Infantryman Badge
* Korea Defense Service Medal
* Master Parachutist Badge

9.  Item 14 (Military Education) does not show the:

* Marksmanship Sniper Course
* Drop Zone Support Team Leader Course
* SERE Course

10.  There are no orders in the applicant's records awarding him the Combat Infantryman Badge or the Master Parachutist Badge.

11.  Army Regulation 600-8-22 (Military Award) 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.  The Combat Infantryman Badge is authorized for award for the following qualifying wars, conflicts, and operations:

* World War II (7 December 1941 to 3 September 1945)
* The Korean War (27 June 1950 to 27 July 1953)
* Republic of Vietnam Conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos (19 April 1961 to 6 October 1962)
* Dominican Republic (28 April 1965 to 1 September 1966)
* Korea on the DMZ (4 January 1969 to 31 March 1994)
* El Salvador (1 January 1981 to 1 February 1992)
* Grenada (23 October to 21 November 1983)
* Joint Security Area, Panmunjom, Korea (23 November 1984)
* Panama (20 December 1989 to 31 January 1990)
* Southwest Asia Conflict (17 January to 11 April 1991)
* Somalia (5 June 1992 to 31 March 1994)
* Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined)
* Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined)

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Master Parachutist Badge.  Award of the Master Parachutist Badge requires a rating of excellent in character and efficiency, completion of 65 jumps (25 with combat equipment, four night jumps with one as jumpmaster, five mass tactical jumps culminating in an airborne assault problem), graduation from the Jumpmaster Course, and service on jump status for at least 36 months.

13.  Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 14 (Military Education), list in-service training course; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The three criteria for award of the Combat Infantryman Badge are to hold an infantry MOS and satisfactorily perform infantry duties, be assigned to an infantry unit engaged in active ground combat, and to actively participate in such ground 
combat.  Evidence of record shows that the applicant was awarded an infantry MOS and performed infantryman duties.  However, he spent his entire period of service in Korea assigned to a Military Intelligence unit, which makes him ineligible for award of the Combat Infantryman Badge.

2.  There is no evidence in the applicant's records and the applicant has not provided evidence to show he was awarded the Master Parachutist Badge.  Therefore, there is insufficient basis for award of the Master Parachutist Badge in this case.

3.  The applicant's Marksmanship Sniper Course, Drop Zone Support Team Leader Course, and SERE Course are training courses for combat skills, making them ineligible for entry on his DD Form 214.

4.  Evidence of record shows the applicant met the eligibility criteria for award of the Korea Defense Service Medal.  This award should be added to his DD Form 214.


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 amending the applicant's DD Form 214 to add 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 the Combat Infantryman Badge and the Master Parachutist Badge and adding the Marksmanship Sniper Course, the Drop Zone Support Team Leader Course, and the SERE Course to his DD Form 214.  



      __________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)                                         AR20100000717





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ABCMR Record of Proceedings (cont)                                         AR20100000717



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