IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100022895
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 award of the Combat Infantryman Badge and the Imjin Scout Badge based on his service in Korea.
2. The applicant states these awards were authorized.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* his Certificate of Completion for the Counterguerrilla Warfare School
* three pages from his Department of Veterans Affairs (VA) Rating Decision, dated 8 July 2010
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant requested award of the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) states Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the Combat Infantryman Badge may submit an application (to include supporting documentation) for award of the badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. There is no evidence the applicant has applied to HRC indicating he has not exhausted his administrative remedy on this issue. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. He enlisted in the Regular Army on 10 October 1968 for a period of 2 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. He was assigned to Company B, 1st Battalion, 31st Infantry, 7th Infantry Division in the Republic of Korea from 25 July 1969 through 7 August 1970.
5. On 8 August 1970, he was honorably released from active duty. He completed 1 year, 9 months, and 29 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Imjin Scout Badge.
6. The Awards and Decorations Branch at HRC has informed the Board's staff the Imjin Scout Badge was a 2nd Infantry Division unique award that provided special recognition to members of the 2nd Infantry Division who served along the Demilitarized Zone (DMZ) in Korea. The badge is not an authorized Army award and is not authorized for wear upon reassignment out of the division area.
DISCUSSION AND CONCLUSIONS:
The Imjin Scout Badge was a 2nd Infantry Division award and the applicant was not assigned to the 2nd Infantry Division. In addition, the Imjin Scout Badge is not an authorized Army award. It is a temporary local award that is not authorized for wear outside the division area. Therefore, because it is not an authorized Army award, there is no basis for adding this badge to any Soldier's DD Form 214.
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) AR20100022895
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100022895
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140020909
The applicant requests correction of his DD Form 214 Armed Forces of the United States Report of Transfer or Discharge) to show: * Infantry military occupational specialty (MOS) * Combat Infantryman Badge * Korea Defense Service Medal * Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Imjin Scout Patch 2. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. _______ _ x_______ ___ CHAIRPERSON I...
ARMY | BCMR | CY2012 | 20120020824
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he served overseas and that he was awarded the Combat Infantryman Badge and Imjin Scout patch. The applicant's military personnel records do not contain any orders or other evidence showing award of the Imjin Scout insignia/patch. In support of his application the applicant provides the following documents: a. a 2nd Infantry Division certificate that shows he was awarded the Expert...
ARMY | BCMR | CY2009 | 20090013717
Application for correction of military records (with supporting documents provided, if any). Counsel requests correction of the applicant's DD Form 214 to show award of the Combat Infantryman Badge (CIB), Korea Defense Service Medal (KDSM), Imjin Scout patch, and his service in the U.S. Army, Pacific (USARPAC), Republic of Korea (ROK). The applicant, through counsel, requested correction of his records to show award of the CIB.
ARMY | BCMR | CY2014 | 20140008462
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (1st oak leaf cluster) and the Imjin Scout Badge. The Imjin Scout Badge was a 2nd Infantry Division unique award and is not an authorized Army award. _______ _ _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.
ARMY | BCMR | CY2014 | 20140005298
The applicant requests: a. in effect, an upgrade of his award of the Army Achievement Medal to an Army Commendation Medal; b. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the upgraded award and the Korea Defense Service Medal, Imjin Scout [Patch], and Air Assault Badge; and c. issuance of an Honorable Discharge Certificate. The applicant states: * he served in Korea at the Demilitarized Zone (DMZ) from August 1996 (i.e., 1986) to November...
ARMY | BCMR | CY2010 | 20100012565
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. Accordingly, Army Regulation 600-8-22 (Military Awards) does not authorize such medals to be recorded on the DD Form 214. The...
ARMY | BCMR | CY2011 | 20110017266
The applicant requests to be awarded the following: * Army Good Conduct Medal (AGCM) * United Nations Medal * Combat Infantryman Badge (CIB) * Overseas Service Ribbon (OSR) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Overseas Service Bar * Imjin Scout Certificate 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service. As a result, the Board...
ARMY | BCMR | CY2014 | 20140012501
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his service in Korea * the "Imjin Scout Medal" * his expiration term of service occurred at Fort Lewis, WA 2. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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...
ARMY | BCMR | CY2012 | 20120000419
Army Regulation 600-8-22 (Military Awards) 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. Therefore, there is insufficient evidence to support awarding him the CIB for this period of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct...
ARMY | BCMR | CY2013 | 20130016097
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 along the demilitarized zone (DMZ) from July 1969 to August 1970 * award of the Imjin Scout Insignia 2. The applicant states his DD Form 214 does not show his combat service along the DMZ or his Imjin Scout Insignia award. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served...