IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100013072 


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) to show award of 19D (Calvary Scout) as a secondary military occupational specialty (MOS) and to add the following awards:

* Korea Defense Service Medal (KDSM)
* Overseas Service Ribbon (OSR)
* Expert Infantryman Badge (EIB)
* Global War on Terrorism Service Medal (GWOTSM)
* Armed Forces Reserve Medal (AFRM)

2.  The applicant states:

	a.  he is a former member of the Regular Army, the Texas Army National Guard (TXARNG), and the U.S. Army Reserve (USAR);

	b.  he believes he qualifies for award of the KDSM based on more than
30 days of consecutive service in the Republic of Korea in 1993 when he deployed in support of Team Spirit;

	c.  he served at Camp Humphreys in support of Team Spirit from the first week of February to the second week of April 1993;

	d.  he believes his deployment to the Republic of Korea in 1993 also qualifies him for award of the OSR;

	e.  he contends that he was awarded the EIB in 1994 while assigned with the 1st Battalion, 509th Infantry Regiment at Fort Polk, LA;

	f.  he believes that his Federal service in the TXARNG from June 1996 to February 1998 and subsequent service in the USAR until September 2006 qualifies him for award of the GWOTSM;

	g.  he believes he is qualified for award of the AFRM for his service in the TXARNG and subsequent service in the USAR; and

	h.  he believes he should be awarded a secondary MOS of 19D based on his service with the 3rd Squadron, 2nd Armored Calvary Regiment, located at Fort Lewis, WA, and later at Fort Polk.

3.  The applicant provides the following documents:

* his DD Form 214 for the period ending 8 June 1996
* Leave and Earnings Statement (LES) for the period 1-31 March 1993
* EIB Candidate Status with Individual Score Sheet, dated 7 December 1994
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Orders 303-286, State of Texas, dated 30 October 1998
* NGB Form 23B (Army National Guard Retirement Points History Statement), prepared on 3 October 2003
* Orders D-09-821570, issued by U.S. Army Human Resources Command, St. Louis, MO (HRC-STL), dated 12 September 2006
* Army/A.C.E. [American Council on Education] Registry Transcript System (AARTS), issued on 19 August 2003 

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.  On 11 February 1992, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 11B (Infantryman).

3.  The applicant's LES for March 1993 indicates that he received foreign duty pay (FDP) for the period 22 February to 31 March 1993.  However, the LES does not state the location of this foreign duty.

4.  The EIB Candidate Status and Individual Score Sheet, dated 7 December 1994, indicate that the applicant had achieved a "go" on all events listed.  However, the documents do not indicate that he underwent testing as a part of an infantry battalion or larger size unit or that the appropriate authority had authorized award of the EIB based on these documents.

5.  He was released from active duty on 8 June 1996.  His DD Form 214 shows:

	a.  he had attained the rank/grade of specialist (SPC)/E-4;

	b.  he had completed 4 years, 3 months, and 28 days of creditable active service;

	c.  in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Achievement Medal, Army Lapel Button, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and the Parachutist Badge; and

	d.  he had completed the 13-week Infantryman training course in 1992 and the 3-week Basic Airborne Course in 1992.

6.  On 9 June 1996, the applicant enlisted in the TXARNG.  He was honorably discharged 28 February 1998 for the purpose of transfer to the USAR.  His NGB Form 22 shows:

	a.  he had served with A Company, 1st Battalion, 141st Infantry Regiment;

	b.  he had held primary MOS 11M (Fighting Vehicle Infantryman) and secondary MOS 11B;

	c.  the same awards he had received while in the Regular Army; and


	d.  he was transferred to the USAR Control Group (Reinforcement).

7.  The applicant's AARTS, issued on 19 August 2003, indicates that he had served in duty MOS 19D.  It states that the applicant had not taken a skill qualification test for this MOS.

8.  The applicant's NGB Form 23B, prepared on 3 October 2003, shows he had completed 6 years of creditable service for retired pay.  His last qualifying year ended on 28 February 1998.  A copy of his USAR Retirement Points Statement is not available.

9.  Orders D-09-621570, issued by HRC-STL, dated 12 September 2006, honorably discharged the applicant from the USAR.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states, in pertinent part: 

	a.  award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.

		(1)  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active status and must possess a primary MOS in infantry Career Management Field (CMF) 11 or in a following special forces CMF.

		(2)  The following commanders are authorized to give Expert Infantryman Badge (EIB) tests and award the badge to qualified Soldiers in their commands:

* Division commanders.
* Commanders of separate infantry brigades and regiments.
* Commanders of divisional brigades (must be so delegated)
* Separate infantry battalion commanders (must be so delegated)
* Commanders of U.S. Army Training Centers
* Commandant, U.S. Army Infantry School
* Commanders of Special Forces Groups
* Commanders of separate special forces battalions (must be so delegated) 
* Commanders of Reserve Component combat and training divisions

		(3)  Basic eligibility criteria also requires the test to be taken with an infantry unit of at least battalion size.

	b.  the KDSM 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 (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) 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 several criteria including:

		(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or

		(2)  be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.

	c.  the OSR was established by the Secretary of the Army on 10 April 1981.  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 overseas tours.

	d.  the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after                    11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

	e.  the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code, or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, U.S. Code.

		(1)  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(A)(13).  Active Guard Reserve members who receive orders changing their current duty status (legal authority under which they perform duty), their duty location, or assignment to support a contingency operation are eligible for the award of the “M” Device.

		(2)  the conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a state; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia is excluded from credit toward this award but does not constitute a break in service.

11.  Army Regulation 611-201(Enlisted Career Management Fields and Military Occupational Specialties), then in effect, prescribed the enlisted MOS classification structure of the U.S. Army.  It provided the following qualifications for award of Armor MOS's, including 19D:

	a.  an aggressive and offensive spirit geared to the speed and violence of the modern battlefield;

	b.  a highly developed sense of the importance of team work as well as the ability and willingness to function as a team member;

	c.  a basic knowledge of combat tactics

	d.  an ability to perform under demanding physical conditions requiring stamina, hand and eye coordination, and visual acuity; and

	e.  an ability to effectively communicate, reason, recall detailed instructions, and to maintain a high degree of emotional stability.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the EIB has been carefully considered.  While the documents he provides give a strong indication that he had passed the required events, there is insufficient evidence to show that he was tested as part of a battalion or larger size infantry unit.  Therefore, his request for this badge should be denied.
2.  The applicant's contention that he served in support of Team Spirit in 1993 is not sufficiently supported by the available evidence.  The LES he provides shows he received FDP for overseas service.  Unfortunately, it does not specify the location of that service.  Therefore, his request for award of the KDSM should be denied.

3.  The applicant contends that he should be awarded the OSR for his deployed service in the Republic of Korea.  At the time of his claimed deployment, the OSR was only authorized for award to Soldiers who had completed a normal oversea tour.  Because he did not complete such a tour of duty, his request for this ribbon should be denied.

4.  The applicant contends that his service in the TXARNG during 1996 -1998 and service in the USAR during 1998 - 2006 qualifies him for award of the GWOTSM.  The criterion for award of the GWOTSM requires an individual to perform active duty service on and after 11 September 2001.  The available evidence shows that the applicant was assigned to the USAR Control Group (Reinforcement) from 29 February 1998 until his discharge on 12 September 2006.  Because this period of service was inactive, he did not qualify for award of the GWOTSM.  Accordingly, his request for this award should be denied.

5.  The applicant contends that his records should be corrected to show award of the AFRM.  The available evidence shows he completed only 6 years of qualifying service.  Award of the AFRM requires completion of 10 qualifying years of service, completed within 12 consecutive years.  In the alternative, Reserve Soldiers who were called to active duty after 1 August 1990 and supported designated operations or contingencies also qualified for this award.  The evidence clearly shows that the applicant first served in the Reserve component in 1996 and he was never on active duty in support of a qualifying operation.   Therefore, his request for this award should be denied.

6.  However, it is acknowledged that his USAR statement of retirement points is not available.  The applicant may work with the Veterans Support Branch at the U.S. Army Human Resources Command, Fort Knox, KY to update his statement of retirement points.  If an update of the statement shows he served 10 years of qualifying service, he may reapply to this Board for reconsideration of award of the AFRM.

7.  The applicant contends that his records should be corrected to show award of 19D as a secondary MOS.  While the available evidence clearly shows he performed duty in 19D it does not show that had met all of the qualifications to be awarded MOS 19D, or that such had been authorized.  Therefore, his request to show 19D as a secondary MOS should be denied.
8. In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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)                                         AR20100013072



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ABCMR Record of Proceedings (cont)                                         AR20100013072



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