IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120005337
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 Korea Defense Service Medal (KDSM) and Special Forces (SF) Tab.
2. He states the KDSM was not available when he was discharged. He was assigned to the 1st Battalion, 32nd Infantry, 2nd Infantry Division, at Camp Howze, Korea, from May 1976 to April 1977. His service in Korea is documented on his DD Form 214 (Report of Separation from Active Duty). He states he completed the Special Forces Qualification Course on 4 April 1978 and special qualification identifier (SQI) "S" was added to his military occupational specialty (MOS) code.
3. He provides his DD Form 214 and a DA Form 1059 (Service School Academic Evaluation Report).
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. On 13 March 1974, the applicant enlisted in the Regular Army. His record shows he was trained in and awarded MOS 11B (Infantryman) and served in this MOS throughout his military service.
3. His enlisted evaluation reports for periods ending August 1976 and April 1977 show he served in Korea.
4. A DA Form 1059, dated 5 June 1978, shows he completed the SF Qualification Course at the SF School, U.S. Army Institute for Military Assistance (USAIMA), Fort Bragg, NC.
5. On 12 March 1979, he was honorably released from active duty after completing 5 years of total active service. His DD Form 214 shows in:
* item 16a (Primary Specialty Number and Title) "11B1S Infantryman 740705/None"
* item 18f (Foreign and/or Sea Service this Period) 11 months and 20 days
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Parachutist Badge
* Expert Marksmanship Qualification Badge (M-16 Rifle)
* item 27 (Remarks) "Item 18f: Korea 760503-770422"
6. Army Regulation 600-8-22 (Military Awards) states the KDSM 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.
7. Army Regulation 600-8-22 states the SF Tab may be awarded to any person meeting one of the following criteria:
* successful completion of U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWCS) (previously known as USAIMA) approved Active Army institutional training leading to SF qualification
* successful completion of a USAJFKSWCS approved Reserve Component SF qualification program
* successful completion of an authorized unit-administered SF qualification program
8. Army Regulation 600-8-22 states that for Active Component institutional training, the SF Tab may be awarded to all personnel who:
a. successfully completed the SF Qualification Course or SF Detachment Officer Qualification Course (previously known as the SF Officer Course). These courses are/were conducted by the USAJFKSWC; or
b. prior to 1 January 1988, successfully completed the then-approved program of instruction for SF qualification in an SF group, who were subsequently awarded SQI "S" in career management field 18 (enlisted) or SQI "3" in functional area 8 (officer) by competent authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea for 11 months and 20 days. Based on this service he is entitled to correction of his DD Form 214 to show the KDSM and issuance of the award.
2. He completed the SF Qualification Course at the USAIMA. Therefore, he is entitled to correction of his DD Form 214 to show the SF Tab and issuance of the tab.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
adding the KDSM and SF Tab to his DD Form 214 and issuing him the KDSM and SF Tab.
_____________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) AR20120005337
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005337
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022087
d. The basic eligibility criteria for the SF Tab in Army Regulation 600-8-22 (Military Awards), in effect during his deployment, stated subsequent to 1955 Reserve Component (RC) personnel must have successfully served for 120 consecutive days, or more, as a company grade officer or enlisted member of an SF Operational Detachment (A-Team), Mobile Strike Force, SF Reconnaissance Team or SF Special Project Unit and must have been awarded the CIB or Combat Medical Badge (CMB). g. After he...
ARMY | BCMR | CY2012 | 20120020320
He provides: * DD Form 214 * Letter from the Awards and Decorations Branch, dated 8 March 2012 * DA Form 66 (Officer Qualification Record) * General Orders Number 25, dated 8 June 2001 * Military Assistance Command, Vietnam (MACV)-Studies and Observations Group (SOG) internet information * General Orders Number 729, dated 28 December 1964 CONSIDERATION OF EVIDENCE: 1. The evidence of record shows he completed the SF Officer Course in 1962. Therefore, he completed the required training for...
ARMY | BCMR | CY2009 | 20090004248
The DD Form 214 that the applicant was furnished at the time of his REFRAD shows his MOS as 12B3S, which indicates his Special Forces qualification. Army Regulation 600-8-22 (Military Awards) provides that any person meeting one of the criteria below may be awarded the Special Forces Tab: (1) Successful completion of the United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) approved Active Army (AA) institutional training leading to Special Forces...
ARMY | BCMR | CY2009 | 20090012559
Counsel requests reconsideration of an earlier request to correct the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Military Outstanding Volunteer Medal, the Master Parachutist Badge with Combat Star (correctly known as the bronze service star), the Special Forces Tab, and the Greek Airborne Badge; and that items 12e (Total Prior Inactive Service), item 19a (Mailing Address After Separation), and 19b (Nearest Relative) be corrected. Counsel's...
ARMY | BCMR | CY2013 | 20130010204
His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he served in the Republic of Vietnam from 5 April 1971 through 16 February 1972; b. item 38 (Record of Assignments), he was assigned as a medical specialist and light weapons leader to the U.S. Army Vietnam Individual Training Group; c. item 38, he served as a medical specialist (Special Forces) in duty MOS 91B4S from 11 August 1969 through at least 1 August 1973 when he was assigned to the Special Forces...
ARMY | BCMR | CY2013 | 20130001073
Counsel requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR)) decision regarding the applicant's request for award of the Special Forces (SF) Tab and correction of his record to show he held military occupational specialty (MOS) 18B (SF Weapons Sergeant). A 12-page brief containing new arguments in support of the applicant's request for relief, in which he contends: (1) The Board misstated or misapplied the applicable regulation (Army Regulation...
ARMY | BCMR | CY2012 | 20120009263
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the correct spelling of Fort Bragg and North Carolina and award of the following: * Army Commendation Medal * Combat Medical Badge 2. General Orders Number 1397, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 22 August 1969, awarded the applicant the Army Commendation Medal. Adding the following to his DD Form 214: * Army Commendation...
ARMY | BCMR | CY2010 | 20100014828
The applicant requests removal of the following awards from his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 February 2009: * Special Forces Tab * Ranger Tab * Vietnam Service Medal * Korea Defense Service Medal * Combat Action Badge 2. Army Regulation 600-8-22 states 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...
ARMY | BCMR | CY2011 | 20110004955
The applicant's record shows he enlisted in the Army on 26 July 1956. Army Regulation 672-5-1 states that the commander, USAJFKSWC may award the Special Forces Tab to any individual who successfully completed the Special Forces Qualification Course conducted by the Special Forces School of the Special Warfare Center and is awarded the SQI "S" (enlisted personnel) or ASI "5G" (officer personnel). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100017970
Therefore, his DD Form 214 should be corrected to show these unit awards. Army Regulation 635-5 establishes that item 14 of the DD Form 214 shows education and training completed during the period covered by the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 26 of his final DD Form 214 the Vietnam Service Medal and Overseas Service Ribbon (2); b. amending item 5 to read "390330"; c....