BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012565 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea, the 50th Anniversary Korean Commemorative Medal, the United Nations Military Service Commemorative Medal, the Imjin Scout Award Certificate, and any other awards he may have earned during his active duty service.

2.  The applicant states he served in Korea from 1966 to 1967 with the 2nd Infantry Division, but his DD Form 214 does not show this service.  He contends that item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he served with the United Nations forces in Korea after 1950.  He adds that he was also awarded the Imjin Scout Certificate.

3.  The applicant provides a DD Form 214 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 requests correction of his DD Form 214 to show the 50th Anniversary Korean Commemorative Medal and the United Nations Military Service Commemorative Medal.  These medals are commercial products and are not official military awards.  Accordingly, Army Regulation 600-8-22 (Military Awards) does not authorize such medals to be recorded on the DD Form 214.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 14 January 1966.  He completed initial entry training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

4.  On 18 December 1966, the applicant was assigned for duty with the 2nd Infantry Division.  On 23 December he was further assigned to the 2nd Battalion, 23rd Infantry Regiment, located in the Republic of Korea.  He was attached to the 3rd Brigade.  On or about 8 March 1967, he was attached to the 2nd Brigade, 2nd Infantry Division, where he remained until his return to the United States on 18 January 1968.

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 18 December 1966 to 18 January 1968 and in Vietnam from 23 July 1968 to 17 August 1969.  Item 38 (Record of Assignments) shows he was assigned to Company E, 1st Battalion, 11th Infantry, in Vietnam.

6.  On 17 August 1969, he was honorably released from active duty in the rank of sergeant/E-5 after completing 3 years, 7 months, and 4 days of active military service.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he served 2 years, 1 month, and 24 days of foreign and/or sea service.  It also shows the entry "USARPAC" [U.S. Army Pacific Command].  Item 24 of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  2nd Infantry Division Regulation 672-3 (Decorations, Awards, and Honors - Imjin Scout Certificate) established the criteria and procedures for awarding the Imjin Scout Certificate for participation in demilitarized zone (DMZ) operations.  The approving authority was the Commander, 3rd Brigade.  The certificate provided special recognition to the members of the 2nd Infantry Division and to members of units in support of division operations engaged directly and actively in DMZ missions.

	a.  Research on the Internet indicates that the Assistant Division Commander for Operations of the 2nd Infantry Division in 1965 created the Imjin Scout Award. 
From 1965 to 1967, only graduates of the Advanced Combat Training Academy (ACTA) were authorized this award.  Subsequently, two patches were authorized, one reflecting ACTA training and another for DMZ service.

	b.  After 1967, ACTA was no longer a requirement for the Imjin Scout Award.

	c.  In 1991, the governing regulation eliminated the patch and only authorized the certificate.

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

9.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in Vietnam.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 1st Battalion, 11th Infantry, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 August 1968-2 November 1968 by Department of the Army General Orders Number 43, dated 1970.

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It directs the entry of decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized.  Certificates are not listed as authorized awards for entry on the DD Form 214.

12.  Army Regulation 635-5, dated 23 January 1967, specified that item 22c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his service in Korea and any other awards he may have earned during his active duty service has been carefully reviewed.

2.  Based on his service in Korea, he is entitled to the Korea Defense Service Medal.  This award should be added on his DD Form 214.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while in Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show this.

4.  Based on his service with the 1st Battalion, 11th Infantry, in Vietnam, he is also entitled to correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The evidence of record clearly shows the applicant was a member of the 3rd Brigade, 2nd Infantry Division, at the time the Imjin Scout Award Certificate was being awarded.  The governing regulation does not authorize entry of certificates on the DD Form 214.  Therefore, that portion of his request concerning the Imjin Scout Award Certificate should be denied.

6.  Item 22c of his DD Form 214 correctly shows his total foreign and/or sea service and the last overseas theater where the service was performed, USARPAC.  Therefore, this section of his DD Form 214 is correct as currently constituted.

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:

	a.  deleting the Vietnam Service Medal from his DD Form 214 and

	b.  adding the Korea Defense Service Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 Imjin Scout Award Certificate and his foreign service in Korea.



      ________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)                                         AR20100012565



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ABCMR Record of Proceedings (cont)                                         AR20100012565



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