IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110002953
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 his service in the DMZ in Korea be shown on his
DD Form 214 (Report of Separation from Active Duty) with an effective date of 27 March 1975.
2. The applicant states he was an ammo sergeant in Service Battery,
1st Battalion, 35th Field Artillery in Korea in 1974. He states he should be considered a combat veteran and be entitled to a Combat Action Ribbon (determined to refer to the Combat Infantryman Badge). He also feels he is entitled to a combat patch.
3. The applicant provides no additional evidence in support of his 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 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 28 March 1973 for a period of 2 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).
4. He was assigned to Service Battery, 1st Battalion, 38th Field Artillery in Korea from 10 August 1973 to 30 April 1974.
5. On 27 March 1975, he was released from active duty. He completed 2 years of active service that was characterized honorable. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge. However, it does not provide, nor is it intended to, a detailed history of a Soldier's duties and assignments.
7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service (SSI-FWTS), commonly referred to as a combat patch. In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. His military records do not show he made trips to the DMZ. However, if there were records of these trips, the detailed history of a Soldier's duties while assigned to a unit are not entered on the DD Form 214.
2. The SSI-FWTS is a shoulder sleeve insignia indicating former wartime service and is worn on the uniform as prescribed in Army Regulation 670-1. The SSI-FWTS is not an award or a decoration. Therefore, there is no provision for entering the SSI-FWTS on the 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) AR20110002953
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002953
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110005855
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 September 2008 to show the Bronze Star Medal and shoulder sleeve insignia-former wartime service (SSI-FWTS). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal to item 13 of this DD Form 214. ABCMR Record of Proceedings (cont) AR20110005855 3 ARMY BOARD FOR...
ARMY | BCMR | CY2012 | 20120013126
The applicant requests award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Army combat patch, otherwise known as the Shoulder Sleeve Insignia Former Wartime Service (SSI-FWTS). Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940;...
ARMY | BCMR | CY2012 | 20120018185
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 November 2012 to show all medals and awards authorized and the shoulder sleeve insignia-former wartime service (SSI-FWTS). Item 13 of his 21 November 2012 DD Form 214 does not show he was authorized to wear the SSI-FWTS.
ARMY | BCMR | CY2011 | 20110011681
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch (taken to mean a shoulder sleeve insignia-former wartime service (SSI-FWTS)). His records do not contain any evidence that indicate he was ever awarded or authorized any Army Achievement Medals, the Combat Medical Badge, and Unit Combat Patch. There are no orders or sufficiently corroborating...
ARMY | BCMR | CY2012 | 20120006604
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM), Armed Forces Expeditionary Medal (AFEM), Combat Medical Badge (CMB), and shoulder sleeve insignia former wartime service (SSI-FWTS). The applicant served in Korea from 1975 to 1976 during a qualifying period for award of the KDSM. As a result, the Board recommends denial of so much of the application that pertains to adding...
ARMY | BCMR | CY2011 | 20110000007
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Meritorious Service Medal, Humanitarian Service Medal, and shoulder sleeve insignia-former wartime service (SSI-FWTS). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Service Medal and...
ARMY | BCMR | CY2006 | 20060008081
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record does confirm the applicant served in the ROK from 1 February 1968 through 1 April 1969; however, there is no indication that he was authorized or received hostile fire pay or that he was authorized to wear the SSI-FWTS based on this service. Absent any evidence confirming that he was ever authorized hostile fire pay or the SSI-FWTS for his service in the ROK...
ARMY | BCMR | CY2011 | 20110016079
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his foreign service in Afghanistan, his awards of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Global War on Terrorism Expeditionary Medal (GWOTEM), Joint Meritorious Unit Award (JMUA), and the Former Wartime Service Shoulder Sleeve Insignia (SSI-FWTS) of the 3d Battalion, 75th Ranger Regiment. Accordingly, he is entitled to have those awards...
ARMY | BCMR | CY2011 | 20110022276
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and the Purple Heart and that all of his awards, including the 3d Infantry Division Combat Patch and his award of the Army Achievement Medal (AAM) be added to his DD Form 214 (Certificate of release or Discharge from Active Duty). His DD Form 214 does not reflect his service in Kuwait. The applicant was awarded the AAM for his service in Kuwait during his first tour and that award should be as added to his DD Form...
ARMY | BCMR | CY2011 | 20110005981
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 March 2005 to show award of the Combat Infantryman Badge, Parachutist Badge, shoulder sleeve insignia (SSI) for former wartime service (FWTS), 25th Infantry Division combat patch, and any other awards not listed to which he is authorized, to include consideration for award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of...