IN THE CASE OF:	  

		BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110017266 


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 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.  He states he served as an Imjin Scout with the 2nd Infantry Division, 8th U.S. Army from September 1966 through October 1967.  His tour of duty in Korea was during the period of the Korean Demilitarized Zone (DMZ) Conflict, and he earned these decorations by virtue of his duty and service during this period.  

3.  He adds that he graduated from the Advanced Combat Training Academy.  He also qualified as an expert rifleman while in Korea, but is not able to produce any documentation to show this.  

4.  He is entitled to the United Nations Medal because he served under the United Nations Command.  He remembers the gate guards wearing the United Nations helmet.  Also, General B served as the commander of their forces and Commander-in-Chief of the United Nations Command during his tour of duty.  



5.  He provides:

* Orders
* A training certificate
* A DA Form 137 (Installation Clearance Record)
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A 2nd Infantry Division association card
* A copy of 2nd Infantry Division Regulation 672-3 (Decorations, Awards, and Honors – Imjin Scout Certificate)
* A letter from the Awards and Decorations Branch

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.  He was inducted into the Army of United States on 5 May 1966.  After completion of training, he served in military occupational specialty (MOS) 36K (Field Wireman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the following entries:

* Item 31 (Foreign Service) – Korea – USARPAC (U.S. Army Pacific) from 19 September 1966 through 20 October 1967
* Item 38 (Record of Assignments) – He was assigned as a Field Wireman and Senior Wireman with Headquarters and Headquarters Battery, 2nd Infantry Division Artillery during his tour in Korea
* Item 38 – He received all “excellent” ratings in both conduct and efficiency
* Item 41 (Awards and Decorations) – He earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  He provided a copy of U.S. Army Training Center (USATC), Infantry, Special Order Number 136, issued on 24 June 1966.  This order shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 
15 June 1966.

5.  The certificate of training he provided confirms he completed the Advanced Combat Training Academy on 17 December 1966.  

6.  His DA Form 137 shows that on or about 18 October 1967, while out-processing his unit in Korea, he was rated “excellent” in conduct and efficiency.  This form was authenticated by the applicant’s battery commander at the time.  

7.  On 3 May 1968, he was honorably released from active duty after completing 1 year, 11 months, and 29 days of active service.  His DD Form 214 shows the following:

* Item 23a (Specialty Number and Title) – MOS 36K Field Wireman
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – he was awarded the National Defense Service Medal and (degree of qualification not shown) Marksmanship Qualification Badge with Rifle Bar
* Item 25 (Education and Training Completed) – USATC, Infantry – 8 weeks – 1966  

8.  There is no other indication in his records (orders, memorandum, endorsement, disposition form, or weapon qualification score sheet) that shows he qualified as an “expert” marksman.  His record is also absent of documentation to show that he served in an infantry MOS or engaged in active ground combat.

9.  On 25 January 2011, he was issued a DD Form 215 (Correction to DD Form 214) adding the Armed Forces Expeditionary Medal and Korea Defense Service Medal to his DD Form 214.

10.  He provided a copy of 2nd Infantry Division Regulation 672-3, dated 
15 January 1991.  This regulation lists the criteria and procedures for procurement of the Imjin Scout Certificate.  It stated the approving authority for award of Imjin Scout Certificate was delegated only to the Commander, 3rd Brigade.  It also shows that the Assistant Chief of Staff, G-1, 2nd Infantry Division was the proponent agency for this regulation.  Users were invited to send comments to Commander, 2d Infantry Division, ATTN: EAID-GP, APO, San Francisco 96224-0289.
11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  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.  Operations in the Republic of Korea are not on the list of locations qualified to receive the medal.  The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.

   b.  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.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  
	
   c.  The marksmanship qualification badge is awarded to indicate the degree – expert, sharpshooter, and marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified (e.g., Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, etc.).  Award of marksmanship badges is not permanent.  Paragraph 1-31c(11) states an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  

	d.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 

12.  Army Regulation 600-8-22 also provides for the issuance of certificates of achievement.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design.  Certificates of achievement or commendation will be issued under such regulations as the local commander may prescribe.  If a locally-designed certificate of achievement or commendation is printed for use according to this regulation, it may bear reproductions of insignia.  The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement or commendation.  Copies of certificates of achievement or commendation or memoranda of record stating that a certificate of achievement or commendation has been awarded and citing the service recognized will be distributed to the official military personnel file.

13.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states credit toward an overseas service bar is authorized for each month of active Federal service as a member of the U.S. Army serving in the designated hostile fire area in Korea from 1 April 1968 until 31 August 1973.  The months of arrival to and departure from the hostile fire pay area are counted as whole months.  When credit is given for a month for hostile fire pay, credit for a corresponding month is given toward an overseas service bar.   

15.  The Overseas Service Bar is normally not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration.  

DISCUSSION AND CONCLUSIONS:

1.  His record shows he received all “excellent” ratings in conduct and efficiency throughout his military career, and he had no record of a court-martial.  As such, it would be appropriate to award him the AGCM (1st Award) for the period 
5 May 1966 through 3 May 1968, and to add this award to his DD Form 214. 

2.  Participation in an operation does not automatically qualify an individual for the United Nations Medal, and the service member must have been presented the medal by a representative of the Secretary-General.  The certificate issued constitutes award of the medal.  He has not provided sufficient evidence to show his entitlement to this medal.  As a result, this portion of the requested relief should not be honored.  In addition, operations in the Republic of Korea are not listed as authorized to receive this medal. 

3.  To be entitled to award of the CIB, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.  

4.  The available evidence does not show that the applicant met the basic criteria for award of the CIB.  As such, he is not entitled to this portion of the requested relief. 

5.  There is no evidence in his records and he did not provide any evidence that shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  As such, he is not entitled to addition of this entry on his DD Form 214.  The evidence he provided shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 only lists a Marksmanship Qualification Badge with Rifle Bar; as such, it would be appropriate to show the correct badge.  

6.  The OSR may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active Army status on or after 1 August 1981.  There is no evidence and he has not provided sufficient evidence to show he had an active Army status during this period.  As such, he is not entitled to this award. 

7.  The Overseas Service Bar is an item of uniform wear and not an award and as a result, it was not previously listed on his DD Form 214.  Therefore, there is no correction to be made to his DD Form 214.  The regulatory guidance has been provided to assist the applicant in the proper calculation of the number of bars he may be entitled to wear on his uniform.   

8.  With respect to the Imjin Scout Insignia Certificate, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of achievement or commendation of local design.  Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no provision to list such certificates on the DD Form 214.  If the applicant still believes he is entitled to this certificate, he should send an inquiry to the address listed in the regulation he provided. 



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:

	a.  awarding him the AGCM (1st Award) for the period 5 May 1966 through 
3 May 1968; 

	b.  deleting the Marksmanship Qualification Badge with Rifle Bar from item 
24 of his DD Form 214; and

	c.  adding the AGCM (1st Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to item 24 of his DD Form 214.  

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 the:

* United Nations Medal
* CIB
* OSR
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Overseas Service Bar
* Imjin Scout Certificate


      _______ _   _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)                                         AR20110017266





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ABCMR Record of Proceedings (cont)                                         AR20110017266



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