IN THE CASE OF:	  

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130014277 


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 Republic of Korea Presidential Unit Citation (ROKPUC). 

2.  The applicant states he did not serve with the 38th Infantry Regiment in Korea.  He served with Headquarters and Headquarters Company (HHC), 2nd Battalion, 23rd Infantry, 2nd Infantry Division at Camp Young at the Demilitarized Zone (DMZ).

3.  The applicant provides:

* Certificate of the Imjin Scout Insignia
* Pages 3 and 4 of his 4-page DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* Internet printout regarding authorizing the 2nd Infantry Division the ROKPUC
* A page from a book or a magazine highlighting the applicant's name in pink
* DA Form 1 (Morning Report) of the 2nd Battalion, 23rd Infantry

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 show he was inducted into the Army of the United States on 21 January 1965.  He was trained in and held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewmember). 

3.  He served in Korea from on or about 3 July 1965 to on or about 1 August 1966.  His unit of assignment is an issue of contention: 

	a.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to HHC, 2nd Battalion, 38th Infantry, from 9 July 1965 to 1 August 1966.

	b.  Special Orders (SO) Number 19, issued by Headquarters, 2nd Infantry Division, on 19 January 1966 forfeited his pay as a result of nonjudicial punishment (NJP) issued by the Commander, HHC, 2nd Battalion, 23rd Infantry.

	c.  SO Number 48, issued by Headquarters, 2nd Infantry Division, on 17 February 1966 forfeited his pay as a result of NJP issued by the Commander, HHC, 2nd Battalion, 23rd Infantry

	d.  SO Number 203, issued by Headquarters, 2nd Infantry Division, on 22 July 1966 ordered his reassignment from Korea to Fort Carson, reporting on or about 1 August 1966.  The orders listed his unit of assignment as HHC, 2nd Battalion, 38th Infantry Regiment. 

	e.  SO Number 2010, issued by HHC, 2nd Battalion, 23rd Infantry, on 28 July 1966 promoted him to specialist four/E-4. 

	f.  He provides a Certificate of Imjin Scout Insignia he was awarded for participation in operational missions along the DMZ with HHC, 2nd Battalion, 23rd Infantry, from 30 November 1965 to 28 February 1966. 

	g.  DA Form 1, dated 20 September 1965, pertaining to HHC, 2nd Battalion, 23rd Infantry, Camp Young, Korea, listing his name with an entry pertaining to his MOS. 
4.  He was discharged on 17 August 1968.  His DD Form 214 listed the National Defense Service Medal. 

5.  On 5 August 1992, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added the Expert Marksmanship Qualification Badge with Pistol Bar and Marksman Marksmanship Qualification Badge with Rifle Bar. 

6.  On 23 August 2004, he was issued a second DD Form 215 adding award of the Korea Defense Service Medal. 

7.  He provides: 

	a.  A petition to the Joint Chiefs of Staff to grant a special exemption and authorize the ROKPUC for permanent wear and inclusion in the personnel records of members of the units of the 2nd Infantry Division, from 1965 to a date to be determined, that were previously awarded the unit citation by the ROK.

	b.  A page from what appears to be a book or a magazine highlighting the applicant's name in pink and stating he arrived in Korea in July 1965 to serve with the 2nd Infantry Division. 

8.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) (Vietnam era) does not list the 2nd Infantry Division as a recipient of the ROKPUC. 

9.  Department of the Army Pamphlet 672-1 (Unit Citations and Campaign Participation Credit Register) (World War II and Korea) shows the 2nd Infantry Division was a recipient of several unit citations during World War I and the Korean War, but not the ROKPUK. 

DISCUSSION AND CONCLUSIONS:

There are no general orders authorizing the 2nd Infantry Division the ROKPUC.  Over the years, Soldiers assigned to the 2nd Infantry Division and its subordinate units in Korea, during certain periods, were allowed to wear the ROKPUC on their uniform.  However, this is not a permanent award.  There is insufficient evidence to add this award to his records.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20130014277





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ABCMR Record of Proceedings (cont)                                         AR20130014277



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