IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120020824 


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 (Report of Separation from Active Duty) to show he served overseas and that he was awarded the Combat Infantryman Badge and Imjin Scout patch.

2.  The applicant states he served in the Republic of Korea (ROK) at Camp Greaves on the Demilitarized Zone (DMZ) from December 1972 to January 1974.  He was assigned to the 1st Battalion, 31st Infantry, 2nd Infantry Division.

   a.  He spent months at a time on hills watching the North Koreans through binoculars.  He also guarded Check Point Charlie to ensure there were no infiltrators into the ROK.  He adds that Soldiers on the DMZ wore Military Police armbands and the duty was very stressful.

   b.  He performed night ambush patrols on the DMZ and most of the time the patrols just observed North Korean patrols.  However, on several occasions, fire was exchanged with the North Korean patrols.  

   c.  He specialized in night ambush patrols and performed a sufficient number of missions to receive the Imjin Scout award.  He was also awarded the Expert Infantryman Badge and his company commander told him he was eligible for the Combat Infantryman Badge (CIB).

   d.  He adds that he was sent to Germany on a military training exercise (Reforger); however, his overseas service is not shown on his DD Form 214.

3.  The applicant provides copies of two certificates, several photographs, and a letter from his former wife.

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 requests correction of his records to show award of the CIB.  There is no evidence that the applicant applied to the Military Awards Branch, U.S. Army Human Resources Command (USA HRC), for a determination on his request for the CIB.

	a.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Paragraph 8-6 provides, in pertinent part, 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 or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat with his infantry unit.

   b.  This paragraph also shows that the special requirements for award of the CIB for service in the ROK were 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 based on service in Korea on the DMZ may submit an application (to include supporting documentation) for award of the CIB to the Commander,
USA HRC, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.

	c.  Therefore, this portion of the applicant's request will not be discussed further in these proceedings.


3.  The applicant enlisted in the Regular Army on 24 July 1972 for a period of
3 years.  He was awarded military occupational specialty 11B (Infantryman).

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service):  no entry (is blank);

   b.  item 9 (Awards, Decorations and Campaigns):  does not show the Imjin Scout insignia/patch; and

   c.  item 9 (Record of Assignments):  does not show any assignment history prior to 25 January 1974.

5.  Three 2nd Infantry Division special orders (SO) show the applicant was assigned to Company A, 1st Battalion, 31st Infantry, 2nd Infantry Division, and:

   a.  SO 137, dated 20 June 1973, awarded him the Expert Infantryman Badge effective 15 June 1973;

   b.  SO Number 256, dated 7 December 1973, promoted him to specialist four effective 1 December 1973; and

   c.  SO 244, dated 20 November 1973, directed his departure from the ROK on 16 January 1974 for reassignment to the 502nd Adjutant General Company, Fort Hood, TX on 22 February 1974.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 July 1975 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years of net active service this period.  It also shows in:
   
   a.  item 18 (Record of Service), block f (Foreign and/or Sea Service This Period):  0 years, 0 months, and 0 days of foreign service;

   b.  item 19 (Indochina or Korea Service Since August 5, 1964):  "xx" in the "NO" block; and 

   c.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Expert Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

7.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Imjin Scout insignia/patch.  There is also no evidence that shows he deployed to Germany on a military training exercise.

8.  In support of his application the applicant provides the following documents:

   a.  a 2nd Infantry Division certificate that shows he was awarded the Expert Infantryman Badge on 20 June 1973;

   b.  DMZ certificate that shows the Imjin Scout insignia was presented to him for service in the defense of freedom along the DMZ in Korea from 9 March 1973 to 10 July 1973;

   c.  five pages of photographs that show the applicant in uniform and indicate they are scenes of Korea and one of the Berlin Wall in Germany; and

	d.  a letter from Ms. Shaun H___ V____, dated 6 July 2012, that shows she has known the applicant for more than 40 years, including the period of time when he was in the Army, and that they married in 1978.  She describes the applicant's behavior that indicated to her that he was experiencing flashbacks related to his service in the Army.  She adds he also suffered from several medical conditions and he was self-medicating with alcohol and drugs.  She notes that they divorced after 17 years of marriage.

9.  Army Regulation 600-8-22, Chapter 8 (Badges and Tabs, U.S Origin) and Table 8-1 (U.S. Army Badges and Tabs) lists U.S. Army badges and tabs, and the authorized award authorities.  This document does not list the Imjin Scout insignia/patch as a U.S. Army badge or tab authorized for permanent award and wear.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.
   b.  Section II (Instructions for Preparing DD Form 214) contains item-by-item instructions for completing the DD Form 214.  It shows for:

    	(1)  item 18:  all service in blocks a through f will be less time lost;

    	(2)  item 19:  for Vietnam or Korea service place an "x" in the "Yes" block and show specific dates of service; and

    	(3)  item 26:  this item covers the entire Army service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Imjin Scout insignia/patch and that he served overseas.

2.  The available evidence shows the applicant was assigned to Company A,
1st Battalion, 31st Infantry, 2nd Infantry Division in the ROK from 9 March 1973 through 16 January 1974.  However, the precise period of his entire period of service in the ROK cannot be determined from the available evidence.  In addition, there is no evidence of record that he served in Germany.

	a.  Nonetheless, a calculation of the known period of his service in the ROK shows the following:

	1974  01  16	date of redeployment from Korea
	- 1973  03  09	first recorded date of assignment in the ROK
	=     00  10  07
	+                   1	day inclusive
	=     00  10  08	total foreign service in the ROK

   b.  Item 18f and item 19 of the applicant's DD Form 214 do not show the applicant's overseas service in the ROK.  Therefore, it would be appropriate to correct his DD Form 214 to show his foreign service.

3.  The Military Awards regulation does not show the Imjin Scout insignia as an authorized U.S. tab, badge, or patch for permanent award.  The available evidence shows that the Imjin Scout patch is a local patch authorized and issued by the 2nd Infantry Division.  Thus, the applicant is not entitled to correction of his DD Form 214 to show the Imjin Scout insignia/patch.

4.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his foreign service in the ROK, as recommended below.

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.  deleting from item 18f of his DD Form 214 the entry "0  0  0" and adding the entry "0  10  8" (i.e., 0 years, 10 months, and 8 days); and

   b.  deleting from item 19 of his DD Form 214 the entry in the "NO" block and adding an appropriate entry indicating "YES" for "Indochina or Korea Service Since August 5, 1964."

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 Imjin Scout insignia.




      _______ _   _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)                                         AR20120020824



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ABCMR Record of Proceedings (cont)                                         AR20120020824



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