IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100010343 


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 reconsideration of his request for award of the Combat Infantryman Badge and the Korea Defense Service Medal.

2.  The applicant states he was assigned to Company B, 1st Battalion,
9th Infantry, 2nd Infantry Division, at Camp Greaves in the Republic of Korea (ROK).  While serving on the Demilitarized Zone (DMZ), he participated in a combat patrol on 7 December 1979.  His squad wandered into a North Korean minefield that resulted in a U.S. Soldier being killed, along with two U.S. Soldiers and a Korean Augmentee to the United States Army (KATUSA) being wounded.

3.  The applicant provides copies of two newspaper articles, a one-page DMZ incident list, his Jumps-Army Leave and Earnings Statement (LES), six witness statements, Department of Veterans Affairs (DVA) progress notes, and a Board of Veteran's Appeals - Appellant's Post-Remand Brief.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017294 on 18 February 2009.

2.  The applicant enlisted in the Regular Army (RA) for a period of 4 years on
27 September 1977.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Infantryman).
3.  The applicant's DA Form 2-1 (Personnel Qualification Record) is not filed in his Official Military Personnel File (OMPF).

4.  A DA Form 1059 (Service School Academic Evaluation Report) for the period 7 January through 1 February 1980 shows the applicant completed the Primary Noncommissioned Officer (NCO) Course for Combat Arms at the 2nd Infantry Division NCO Academy [ROK].  Item 18 (Military Personnel Officer), block a (Forwarding Address - Rated Student), shows the entry "B 1/9th Inf" [Company B, 1st Battalion, 9th Infantry].

5.  The applicant reenlisted in the RA for a period of 3 years on 29 June 1981 and he later extended his 3-year reenlistment for a period 7 months to fulfill his overseas tour requirement.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 27 September 1977 and he was honorably discharged on 21 January 1985.  At the time he had completed
7 years, 3 months, and 25 days of net active service and 1 year, 10 months, and 23 days of foreign service.  It also shows in:

   a.  item 7 (Last Duty Assignment and Major Command) he was assigned to Company D, 2nd Battalion, 36th Infantry, USAREUR [U.S. Army, Europe];

   b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars, Army Good Conduct Medal (2nd Award), Army Service Ribbon, NCO Professional Development Ribbon with Numeral 1, and the Overseas Service Ribbon; and

   c.  item 14 (Military Education), in pertinent part, that he completed the
4-week Primary NCO Course in February 1980.

7.  In support of his request for reconsideration, the applicant provides the following documents:

   a.  A JUMPS-Army LES covering the period 1-30 December 1979 that shows in item 2 (Unit ID [Identification] Code) the entry "AJJBOA" and in item 6 (Entitlements) that the applicant was authorized overseas pay.

   b.  Two newspapers articles from the Pacific Stars and Stripes, Korea Edition, one dated 9 December 1979 and the other undated.  The articles describe an incident that occurred on the DMZ on 7 December 1979 where three U.S. Soldiers were injured in an explosion.  One of the Soldiers was listed as missing and his body was later returned by North Korea.

   c.  A one-page DMZ incident list that shows on 7 December 1979 a U.S. DMZ patrol accidentally crossed the Military Demarcation Line and stepped on North Korean mines.  The body of a U.S. Soldier was returned by North Korea at the 461st Military Advisory Command Secretaries meeting.   The U.S. wounded returned safely to the United Nations Command side after the incident.

   d.  A statement by A------ G-----, dated 28 April 2008, that was submitted with the applicant's original request, wherein he states he was a radio telephone operator (RTO).  On 7 December 1979, prior to the patrol departing Camp Greaves for the DMZ, another Soldier asked if he could replace him as the RTO on the patrol.  The platoon sergeant, Sergeant First Class (SFC) T----- L. A------, agreed to the change in personnel.

   	(1)  It was a 15 to 20-man patrol and included members from the 2nd and
3rd platoons.  The patrol's mission was to walk to Guard Post Ouellette on the DMZ overlooking North Korea.

   	(2)  After the patrol departed, he and another sergeant stood on top of a bunker waiting for the remainder of the company.  He heard two explosions and spotted several North Korean soldiers firing their weapons at the patrol.  He radioed this in to the tactical operations center and he was ordered to stay put.

   	(3)  He later found out that the RTO had strayed into North Korean territory and stepped on a mine that caused the loss of his leg.  When SFC A------ attempted to rescue him, he also stepped on a mine and he was killed.  The wounded were evacuated and SFC A------'s body was recovered later.

   e.  A statement by Master Sergeant D---- A. H------, U.S. Army (Retired), undated, wherein he states he and several members of Company B, 1st Battalion, 9th Infantry, stationed at Camp Greaves, were selected to walk the Emergency Evacuation route to Guard Post Ouellette in the DMZ between North and South Korea.  He recalls that the applicant was part of the patrol, along with himself, six other U.S. Soldiers, and several KATUSAs.  He states the patrol was being led by SFC A-------.  The patrol became disoriented in the dense fog, entered into a North Korean minefield, and one Soldier was killed.  He adds that three others were wounded and evacuated from the minefield.

   f.  An email message from Sergeant Lawrence M------ [former member of Company B, 102nd Military Intelligence Battalion], dated 14 November 2007, wherein he states military intelligence reported the applicant was assigned to Company B, 1st Battalion, 9th Infantry. He was a member of the 9-man squad that vectored into a North Korean minefield that resulted in one U.S. Soldier being killed, along with two U.S. Soldiers and a KATUSA being wounded.

   g.  A statement by Corporal M------ E----, undated, wherein he states he was stationed at Camp Greaves from December 1979 to January 1980.  He recalls that the applicant was among those on the patrol that crossed into a North Korean minefield that resulted in one Soldier being killed and four or five others being wounded.

   h.  An email message from D--- M------ to the applicant, dated 18 April 2010, and a letter to the VA on behalf of the applicant, dated 19 April 2010, wherein he states he was initially at Camp Liberty Bell and then at Camp Greaves after the incident.  He recalls meeting SFC A----- the week prior to the incident and remembers the incident that occurred on 7 December 1979, particularly the unnaturally heavy fog on that morning.  [It is not clear from the statement if
Mr. M----- was a member of the patrol.]

   i.  A statement by C---- M. T-----, the applicant's sister, dated 14 April 2010, who states her brother suffers from chronic depression, anxiety, and paranoia due to his military experience.

   j.  A statement by B------- W-----, the applicant's niece, dated 25 May 2010, who states her uncle seems to be depressed or upset a lot and she believes his problems began as a result of being in the military.

	k.  Board of Veteran's Appeals - Appellant's Post-Remand Brief, dated
20 May 2010, that shows the applicant's appeal for entitlement to service-connection for PTSD was remanded for further development to verify the stressor.

9.  In processing of this case, an advisory opinion was obtained from the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command (USAHRC), Fort Knox, KY  40122.

	a.  The advisory official noted that the ABCMR previously reviewed and subsequently denied the applicant's request for the Combat Infantryman Badge on 19 February 2009.

	b.  In addition, the documentation the applicant submitted in his request for reconsideration was reviewed and the advisory official affirmed the original ABCMR decision to deny the applicant's request.

10.  On 27 October 2010, the applicant was provided a copy of the USAHRC advisory opinion for information and in order to allow him the opportunity to submit comments or a rebuttal.

11.  On 2 November 2010, the applicant provided his response to the advisory opinion.  He recounted his service in the U.S. Army and details of the incident that occurred on the DMZ on 7 December 1979.  He added that over the years the incident has caused him nightmares, flashbacks, and depression, and he has been diagnosed with post-traumatic stress disorder.  He concluded his response by stating he deserves the Combat Infantryman Badge and Korea Defense Service Medal for his service on the DMZ in Korea.

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  This regulation 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 that an Army enlisted Soldier must have an infantry specialty and satisfactorily perform 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.  Commanders were not allowed to make any exceptions to this policy.

	b.  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 ROK.  The area of eligibility encompasses all land area of the ROK, 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 one of several other criteria.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to Company B,
1st Battalion, 9th Infantry, 2nd Infantry Division and he attended the Division's NCO Academy during the period 7 January through 1 February 1980.  As such, the applicant qualified for award of the Korea Defense Service Medal based on his service in the ROK.  Therefore, it would be appropriate to correct his
DD Form 214 to show this service medal.

2.  The applicant's request for award of the Combat Infantryman Badge, along with the evidence he provided, was carefully considered.

	a.  The applicant's infantry MOS and unit of assignment is not in question.

	b.  The evidence of record shows the applicant was on a patrol walking the Emergency Evacuation route to Guard Post Ouellette in the DMZ between North and South Korea.  The evidence of record also shows that a member of the
9-man squad strayed into a North Korean minefield and caused an explosion that resulted in one U.S. Soldier being killed, along with two U.S. Soldiers and a KATUSA being wounded.  However, this incident, alone, does not meet the strict requirements for award of the Combat Infantryman Badge.

	c.  A statement provided in support of the applicant's request indicates that North Korean soldiers fired on the patrol.  However, there is no evidence that the applicant (or any member of the patrol) engaged and exchanged fire with the North Korean soldiers.

	d.  The sincerity of the applicant's comments and evidence he provides is not in question.  However, in view of all of the foregoing, the available evidence is insufficient to support award of the Combat Infantryman Badge to the applicant.

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 partial amendment of the ABCMR's decision in Docket Number AR20080017294, dated 18 February 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 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 the Combat Infantryman Badge.



      ____________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)                                         AR20100010343



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ABCMR Record of Proceedings (cont)                                         AR20100010343



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