BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100024260


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 all awards, decorations, service medals, and badges to which he is entitled.

2.  The applicant states he believes he qualifies for additional awards which do not appear on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He specifically inquires about the:

* Armed Forces Expeditionary Medal
* Expert Infantryman Badge
* Army Commendation Medal (2 awards)
* Korean Presidential Unit Citation
* ASUA [presumed to mean the Army Superior Unit Award]
* United Nations Medal
* Expert Marksmanship Qualification Badge received in Korea

3.  The applicant provides:

* his DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* his DA Form 2-1 (Personnel Qualification Record - Part II)
* Internet documents including:

* 2 pages of Service Awards Criteria:  39th Bomb Group Association


* extract of AR [Army Regulation]  600-8-22, dated 11 December 2006,
paragraph 2-12, Armed Forces Expeditionary Medal
* unit history of the United Nations Command Security Battalion - Joint Security Area
* extract of The Patriot Files:  Camp Kitty Hawk
* extract of a Defense.gov News Release:  DoD Announces Korean Defense Service Medal

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 served in the Regular Army (RA) from 29 August 1985 through 21 November 1988, a period of 3 years, 2 months, and 23 days.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).

3.  The applicant's Military Personnel Records Jacket (MPRJ) and Official Military Personnel File (OMPF) were thoroughly reviewed and revealed:

* he received basic combat and advanced infantry training at Fort Benning, GA
* he served as an infantryman at Fort Riley, KS with Company B, 5th Battalion, 16th Infantry
* he served as a security guard at the Joint Security Area (JSA), Panmunjum, Republic of Korea from on or about 14 May 1987 through on or about 21 November 1988

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 shows he was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar


* Army Service Ribbon
* Expert Infantryman Badge
* Army Achievement Medal
* Army Commendation Medal

5.  The applicant's MPRJ and OPMF contain the following orders:

* Permanent Orders 233-8, issued by the 199th Personnel Service Company, Korea, dated  19 October 1988, awarding him the Army Good Conduct Medal for the period 29 August 1985 through 28 August 1988
* Permanent Orders 45-2, issued by the Personnel Service Center, Fort Riley, KS, dated 12 March 1987, awarding him the Army Achievement Medal for the period 20 November 1986 through 12 December 1986

6.  The applicant was honorably released from active duty on 21 November 1988 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years, 2 months, and 23 days of creditable active service.

7.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button

8.  The applicant's MPRJ contains a DD Form 215, dated 3 September 2010, that added the Korea Defense Service Medal.

9.  Department of the Army General Orders Number 2, dated 16 January 1991, awarded the United Nations Command Security Force - Joint Security Area - Korea, the Army Superior Unit Award for meritorious service during the period
1 September 1988 to 1 September 1989.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 


states personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.  It provides:

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area of operation during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  It was awarded to Soldiers serving in the Republic of Korea during the period 1 October 1966 to 30 June 1974.

	b.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations Observation Group in Lebanon; the United Nations Truce Supervision Organization in Palestine; the United Nations Military Observer Group in India and Pakistan; the United Nations Security Forces, Hollandia; the United Nations Transitional Authority in Cambodia; the United Nations Advance Mission in Cambodia; the United Nations Protection Force in Yugoslavia; the United Nations Mission for the Referendum in Western Sahara; the United Nations Iraq/Kuwait Observation Group; and the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)).  Participation in the operation does not automatically qualify the individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.  As for the United Nations Service Medal, it was awarded to Soldiers serving in Korea who participated in the defense of South Korea from North Korea during the Korean War from 27 June 1950 to 27 July 1954.

	c.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.  Not more than one Republic of Korea Presidential Unit Citation will be worn by any individual and no oak leaf cluster or other appurtenance is authorized.  The last major issuance of the decoration was during the Korean War when the decoration was bestowed to several US, United Kingdom., and Commonwealth military units.  By order of the Korean government, the award was also retroactively authorized to every unit of the United States Army which had deployed to Korea between 1950 and 1954.

	d.  A basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes – Expert, Sharpshooter, and Marksman.  Basic marksmanship qualification badges are awarded to US military and civilian personnel, and to foreign military personnel who qualify as prescribed.  Any commander in the rank or position of lieutenant colonel or higher may make awards to members of the Armed Forces of the United States.

	e.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	f.  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.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.  The badge is announced in permanent orders.

	g.  11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214, as corrected by a DD Form 215, shows his entitlement to the:

* Army Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Korea Defense Service Medal
* Army Lapel Button

2.  The applicant's DA Form 2-1 additionally shows award of the Expert Infantryman Badge, Army Achievement Medal, and the Army Commendation Medal.

3.  The applicant's MPRJ and OMPF were thoroughly reviewed for necessary documentation to support his awards requiring orders.  Orders were found to verify award of the Army Achievement Medal; however, no orders were found awarding him the Army Commendation Medal or the Expert Infantryman Badge.  Therefore, without orders, these awards cannot be verified or added to his
DD Form 214.

4.  The applicant served in Korea during the 1980's.  The United Nations [Service] Medal, Armed Forces Expeditionary Medal, and the Korean Presidential Unit Citation were not authorized for service in Korea during the 1980's.  Therefore, there is no basis for granting this portion of his request.

5.  There is no indication the applicant was awarded an Expert Marksmanship Qualification Badge while in Korea.  Therefore, there is no basis for granting this portion of his request.

6.  The applicant's unit in Korea was cited for award of the Army Superior Unit Award during his period of assignment.  Therefore, he is entitled to the Army Superior Unit Award and correction of his DD Form 214 to show this unit award.

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 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 to item 13 of his DD Form 214 the Army Achievement Medal and the Army Superior Unit Award.

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 awarding and/or adding to his DD Form 214 the:

* Army Commendation Medal (2 Awards)
* Armed Forces Expeditionary Medal
* United Nations Medal
* Republic of Korea Presidential Unit Citation
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge (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)                                         AR20100024260



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ABCMR Record of Proceedings (cont)                                         AR20100024260



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