IN THE CASE OF:	  

		BOARD DATE:	    5 October 2010

		DOCKET NUMBER:  AR20100010985 


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 record to show award of the Korea Defense Service Medal (KDSM) and the Combat Infantryman Badge (CIB).

2.  The applicant states he served in the Republic of Korea (ROK) from 1973 to 1974 and that he served in the demilitarized zone.

3.  The applicant provides his DD Form 214 (Report of Separation from Active Duty) and Special Orders Number 13 Extract, dated 16 January 1973.

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 record shows he enlisted in the Regular Army on 10 August 1972 and was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  The applicant submitted a copy of Headquarters, 2nd Infantry Division, Special Orders Number 13 Extract, dated 16 January 1973, which shows he was assigned to the 1st Battalion, 23rd Infantry Regiment.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the ROK from 12 January 1973 through 25 January 1974.  Item 38 (Record of Assignments) shows he served with the 1st Battalion, 23rd Infantry Regiment, 2nd Infantry Division, performing duties as a gunner.

5.  His records show that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.

6.  On 9 August 1974, the applicant was honorably released from active duty after completing 2 years of active military service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Missile Bar (Tube-launched, Optically-tracked, Wire-guided), and Armed Forces Expeditionary Medal.

7.  A review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  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 CIB.  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.

		(1)  Special provisions existed for Soldiers who served in the ROK in the demilitarized zone from 4 January 1969 to 31 March 1994.  Soldiers must have served in the hostile fire area for at least 60 days and be authorized hostile fire pay.  The individuals must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted Soldiers, must have had an infantry military occupational specialty.  The Soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times.  The Soldier must be recommended personally by each commander in the chain of command and be approved at the division level.

		(2)  The special provisions outlined above were recently rescinded.

		(3)  Army veterans who served in Korea on or after 28 July 1953 and meet the special provisions criteria for the CIB may submit an application with supporting documentation to the U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.

	b.  The KDSM is authorized for award to members of the Armed Forces of the United States who 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 60 nonconsecutive days.

9.  Army Regulation 600-8-22 states 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant qualified for award of the KDSM 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 available evidence confirms the applicant served in the U.S. Army from 10 August 1972 through 9 August 1974.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  With respect to the CIB, the applicant is advised to submit his request for that award to the U.S. Army Human Resources Command Soldier Programs and Services Division.  Should that office deny his request, he may resubmit to this Board, providing proof of denial.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the KDSM and the awarding the applicant the first award of the GCM for the period 10 August 1972 through 9 August 1974 to his DD Form 214.

2.  The Board further determined 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 CIB.



      ___________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)                                         AR20100010985



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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