IN THE CASE OF:	

		BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120006604 


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 (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).

2.  The applicant states he served in Korea from 1975 and 1976 and served on a quick reaction force during the axe attack incident in the demilitarized zone.  He further states he served as the Division Surgeon of the 7th Infantry Division during Operation Just Cause and should have been awarded the AFEM, CMB, and an SSI-FWTS.  However, those awards were unjustly ignored due to the fact that he was a dentist in an infantry unit.

3.  The applicant provides a three-page letter explaining his application, copies of his DD Forms 214, copies of his assignment orders, a letter of congratulations, and excerpts from Army Regulation 600-8-22 (Military Awards).

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's records, though quite incomplete, show he enlisted in the Regular Army on 20 June 1975 for a period of 3 years and training as a dental specialist.  He completed training and was transferred to Korea on 31 October 1975.  He was advanced to pay grade E-4 on 8 November 1976 and departed Korea for assignment to Fort Bragg, North Carolina, where he remained until he as honorably released from active duty (REFRAD) on 19 June 1978 due to the expiration of his term of service.  He completed 3 years of active service and was awarded the Army Commendation Medal and Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.

3.  On 27 November 1984, while serving as a U.S. Army Reserve (USAR) Medical Service Corps second lieutenant, he was appointed as a USAR Dental Corps first lieutenant.

4.  He was ordered to active duty on 8 January 1986 in the rank of captain and was promoted to the rank of major on 5 September 1990.

5.  On 8 January 1992, while stationed at the Dental Activity at Fort Ord, California, he was honorably REFRAD.  He completed 6 years and 1 day of active service during this period for a total of 9 years and 1 day of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster, Army Achievement Medal with 1st Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal with one bronze service star, Armed Forces Reserve Medal, Army Service Ribbon, Overseas Service Ribbon, Expert Field Medical Badge, and Meritorious Service Medal.

6.  A review of the available records failed to show any evidence of the applicant  deploying to Panama during Operation Just Cause or of his participating in combat operations or engaging the enemy in combat.

7.  He was promoted to the rank of lieutenant colonel on 16 November 1997 and on 17 March 1999 he was transferred to the Retired Reserve.

8.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

9.  Army Regulation 600-8-22 states the CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the SSI-FWTS, commonly referred to as a "combat patch."  This 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 service and field uniforms to signify wartime service.  There are no provisions for entering the SSI-FWTS on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 1975 to 1976 during a qualifying period for award of the KDSM.  Accordingly, the KDSM should be added to his DD Form 214 for the period ending 8 January 1992.

2.  The applicant's contention that he should be awarded the CMB, AFEM and SSI-FWTS for his participation in Operation Just Cause has been noted; however, he has failed to show through the evidence of record and evidence submitted with his application that he deployed to Panama during that operation and that he participated in combat operations to the extent that he qualifies for the requested awards.  In addition, as a uniform item the SSI-SWTS would not be added to his DD Form 214.

3.  In the absence of such evidence, there appears to be no basis to add award of the AFEM, CMB, or an SSI-FWTS to 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 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 adding the KDSM to his DD Form 214 for the period ending 8 January 1992.

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 award of the AFEM, CMB, or an SSI-FWTS 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)                                         AR20120006604



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ABCMR Record of Proceedings (cont)                                         AR20120006604



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