IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110016543 


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, Korea Defense Service Medal, and the Global War on Terrorism Service Medal.

2.  The applicant states that due to changes in regulations he is entitled to the award of Combat Infantryman Badge and the Korean Defense Service Medal for his service in Korea from September 1969 through January 1970.  He served as an infantryman in the Demilitarized Zone (DMZ).  He is also authorized award the Global War on Terrorism Service Medal for his commitment to justice post 9-11 as shown by his civilian work with the Department of Defense, Department of State, and the United Nations in support of Operation Enduring Freedom having served in Afghanistan in 2003-2005 and in Iraq in 2006. 

3.  The applicant provides copies of his recollections of four engagements in Korea, four photos, one page from his DA Form 20 (Enlisted Qualification Record), 7th Infantry Division Special Orders Number 251, a 14 August 1970 Letter of Appreciation, a DD Form 214 (Report of Transfer or Discharge), and a National Guard Bureau Form 22 (Report of Separation and Record of Service).

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, a retired lieutenant colonel, started his career as an inductee on 13 March 1969.  He completed training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  During his initial period of active duty, the applicant served in Korea with Company A, 1st Battalion, 32nd Infantry Regiment from 3 September 1969 through 15 October 1970. 

4.  A 32nd Infantry Regiment Letter of Appreciation, dated 14 August 1970, noted the applicant had served as a rifleman and fire team leader in the DMZ. 

5.  He enlisted in the Texas Army National Guard (TXARNG) on 31 July 1979 and served in an enlisted status until 12 June 1980 when he was commissioned.

6.  The applicant served as an ARNG officer until he resigned effective 24 July 1991.  He is shown to have transferred to the USAR Control Group (Reinforcement) at this point.

7.  The available records do not contain any information about his status or service from 24 July 1991 until approximately 18 June 2003 when the U.S. Army Reserve Personnel Command issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).

8.  On 5 January 2004 he was assigned to the Retired Reserve due to nonparticipation.

9.  The applicant provides four personally hand drawn depictions of actions in Korea on September through December 1969 as they related to his position and actions.  In support of his drawings the applicant provides copies of photos of a truck with bullet holes in the windshield.


10.  Army Regulation 600-8-22 (Military Awards) sets forth the policies and provisions for award of:

	a.  the Global War on Terrorism Service Medal (GWOTSM) is authorized for award to active duty members of the Armed Forces of the United States 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, 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;

	b.  the Korea Defense Service Medal 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 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: be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or be wounded or injured in the line of duty and required medical evacuation from the area of eligibility; and  

	c.  for entitlement to the a Soldier must have been: 

		(1)  assigned to an infantry unit of company or smaller size and must be an infantry officer in the grade of captain or lower.  Warrant officers and enlisted personnel must have possessed an infantry MOS;

		(2)  authorized hostile fire pay and served in the hostile fire area at least 60 days; and

		(3)  actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  

		(4)  the earlier version of the regulation for award of Combat Infantryman Badge in Korea subsequent to 4 January 1969, required a Soldier to have engaged the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times.  This provision was rescinded with the current edition of the Awards regulation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant states that due to changes in regulations he is entitled to the award of Combat Infantryman Badge and the Korean Defense Service Medal for his service in Korea from September 1969 through January 1970.  He served as an infantryman in the DMZ.  He is also authorized award the Global War on Terrorism Service Medal for his commitment to justice post 9-11 as shown by his civilian work with the Department of Defense, Department of State, and the United Nations in support of Operation Enduring Freedom having served in Afghanistan in 2003-2005 and in Iraq in 2006. 

2.  The record does not contain and the applicant has not provided any official documentation to show he was in receipt of hazardous duty pay.  Further, without some type of official verification of the personnel recollections of the applicant, and his descriptions of engagements with the enemy in active ground combat, there is insufficient evidence to show entitlement to the Combat Infantryman Badge.  

3.  The applicant was not on active duty during any of the eligibility period for award of the Global War on Terrorism Service Medal.  By his own statement he was "serving" in a civilian capacity during the period in question and is therefore, not entitled to this award.  

4.  The applicant's service with the 32nd Infantry Regiment from 3 September 1969 through 15 October 1970 qualifies him for award of Korea Defense Service Medal.  Therefore, it is appropriate to award the applicant this medal and to record the award on his DD Form 214.

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 awarding the applicant the Korea Defense Service Medal.  

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 award of the Combat Infantryman Badge or the Global War on Terrorism Service Medal.  



      _______ _   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)                                         AR20110016543





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ABCMR Record of Proceedings (cont)                                         AR20110016543



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