IN THE CASE OF: 

		BOARD DATE:  24 July 2012

		DOCKET NUMBER:  AR20120000419 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle (M-16) and Mortar Bars.

2.  The applicant states that since we were fighting a war in Vietnam, it appears there was very little acknowledgment by the Government or Army of what the Soldiers were doing in the demilitarized zone (DMZ) in Korea.  We were at war there also.  He earned an Imjin Scout Certificate and Army Good Conduct Medal that are not in his records.  He has pictures that show him wearing the Army Good Conduct Medal and carrying the M-14 and M-16 rifles.  He was required to qualify with both rifles.  He does not have the documents to support what his records should reflect.

3.  The applicant provides, in response to a request, copies of:

* photographs showing him in Korea with the M-14 and M-16 rifles
* photographs of his uniform showing the Expert Marksmanship Qualification Badge with Mortar and Rifle (M-16) Bars and the Imjin Scout Pin
* his Imjin Scout Certificate
* a compact disc with several pictures of him in Korea with the M-16 and 
M-14 rifles and mortar equipment
* a letter from the National Personnel Records Center (NPRC), dated 31 October 2011 
* his DD Form 214
* an email message to NPRC, dated 3 November 2011, requesting a review of his case
* a 9-page internet article about the Korean DMZ Conflict (1966-1969)
* a 3-page article describing combat incidents and other events that occurred during his service in Korea (1968-1969)
* Department of Veterans Affairs (VA) article titled, "VA Publishes Final Regulation to Aid Veterans Exposed to Agent Orange in Korea"

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 was inducted into the Army of the United States on 25 September 1967.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  His records contain Headquarters, 1st Advanced Individual Training Brigade, Special Orders Number 56, dated 6 March 1968, showing he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he served in Korea from 13 April 1968 through 2 May 1969;

	b.  item 38 (Record of Assignments) that he was assigned to Company B, 2d Battalion, 23d Infantry, 2d Infantry Division, from 19 April 1968 through 1 May 1969;

	c.  item 38 that he departed Korea on 1 May 1969;

	d.  item 38 that he received "excellent" conduct and efficiency ratings throughout his service; and

	e.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal, one overseas service bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  There is no record of any courts-martial or any other type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal.

6.  He was honorably released from active duty on 13 May 1969 in the rank/grade of sergeant/E-5.  He completed 1 year, 7 months, and 19 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  The 31 October 2011 letter from the NPRC shows he is authorized the National Defense Service Medal, Armed Forces Expeditionary Medal, Combat Infantryman Badge (CIB), and Expert Marksmanship Qualification Badge with Rifle Bar.  The letter further states his records do not show he was recommended for or awarded the Army Good Conduct Medal, or any authorization for the Expert/Sharpshooter Marksmanship Qualification Badge with Mortar Bar.  It states he is authorized to wear the CIB and the badge was included with the order shipment of his newly issued awards.

8.  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 completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  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.

9.  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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
10.  Army Regulation 600-8-22 also prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  The CIB is authorized for award for the Korean War (27 June 1950 to 27 July 1953) and Southwest Asia Conflict (17 January to 11 April 1991).

11.  Army Regulation 600-8-22 also states special provisions exist for Soldiers who served in Korea subsequent to 4 January 1969.  Soldiers must have served in the hostile fire area at least 60 days and be authorized hostile fire pay.  The Soldier must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty.  The Soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times.  The Soldier must have been recommended personally by each commander in the chain of command and approved at the division level.  There are no provisions for retroactive award of the CIB for Korean veterans.

12.  Effective 11 January 2007, the special requirements for award of the CIB for service in Korea on the demilitarized zone was rescinded.  Army veterans and service members who served in Korea on or after 28 July 1953 and meet the criteria for award of the CIB may submit an application (to include supporting documentation) for award of the badge to Commander, U.S. Army Human Resources Command, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. 

13.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Army Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle (M-16) and Mortar Bars.  He states he earned an Imjin Scout Certificate and Good Conduct Medal.  These awards were not recorded in his records because Soldiers in the DMZ in Korea received very little acknowledgment by the Army.

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his exclusively "excellent" conduct and efficiency ratings and promotion to sergeant.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 25 September 1967 to 13 May 1969.

3.  He served a qualifying period for award of the Korea Defense Service Medal.

4.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.

5.  These medals should be added to his DD Form 214.

6.  Although the applicant did not request the CIB be added to his DD Form 214, the NPRC letter indicates he is entitled to it.  Therefore, this issue should be addressed.  The evidence of record shows the applicant served in Korea in an infantry MOS in Company B, 2nd Battalion, 23rd Infantry from 19 April 1968 through 1 May 1969.  There is no available evidence showing he was engaged with the enemy in the hostile fire area or in active ground combat and that he was recommended personally by each commander in the chain of command and approved at the division level.  Therefore, there is insufficient evidence to support awarding him the CIB for this period of service.  However, he may apply to the U.S. Army Human Resources Command for this badge.

7.  There is no available evidence showing he qualified with the M-16 rifle.

8.  His Imjin Scout Certificate is not an authorized entry for the 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 the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 25 September 1967 through 13 May 1969 and

	b.  adding the Army Good Conduct Medal (1st Award), Korea Defense Service Medal, and Expert Marksmanship Qualification Badge with Mortar Bar to his DD Form 214.

2.  The Board further determined 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 adding the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Imjin Scout Certificate to his DD Form 214.




      ___________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)                                         AR20110006177



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ABCMR Record of Proceedings (cont)                                         AR20120000419



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