IN THE CASE OF: 

		BOARD DATE:	  22 May 2014

		DOCKET NUMBER:  AR20130016097 


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 his:

* service in Korea along the demilitarized zone (DMZ) from July 1969 to August 1970
* award of the Imjin Scout Insignia

2.  The applicant states his DD Form 214 does not show his combat service along the DMZ or his Imjin Scout Insignia award.

3.  The applicant provides his DD Form 214, Imjin Scout Insignia Certificate, 2d Infantry Division Regulation Number 672-3 excerpt, and a document titled "Republic of Korea (ROK) Army and Marines Rock-Solid in Vietnam War."

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 28 January 1969 and he held military occupational specialty 31B (Field Radio Repairman).

3.  He served in U.S. Army Pacific (USARPAC), Korea, from on or about 7 July 1969 to 31 August 1970 while assigned to the 2d Battalion, 9th Infantry Regiment, 2d Infantry Division.

4.  He was honorably released from active duty on 1 September 1970 and he was transferred to the U.S. Army Reserve.

5.  Item 22c (Foreign and or Sea Service) of his DD Form 214 shows he completed 1 year, 1 month, and 25 days of foreign service in USARPAC.

6.  His DD Form 214 shows he was authorized or awarded the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  The applicant provided an Imjin Scout Insignia Certificate showing he was presented the Injim Scout Insignia for commendable service along the DMZ from 27 June to 31 July 1970.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, and unit decorations.

	a.  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.

	b.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  Table 2-2 shows the Armed Forces Expeditionary Medal was authorized for qualifying service in Korea from 1 October 1966 to 30 June 1974.

	c.  The Imjin Scout Insignia is not an authorized award.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 22c instructions stated to enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed in.

10.  Army Regulation 635-5 also stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea from on or about 7 July 1969 to 30 August 1970.  The regulation in effect at the time required an entry for the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the overseas theater in which the service was performed, which is correctly shown on his DD Form 214.

2.  He served in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this medal.

3.  There was no provision in Army Regulation 635-5 to list reassignment from one unit to another or service along the DMZ on the DD Form 214.  However, his awards of the Armed Forces Expeditionary Medal (Korea) and Korea Defense Service Medal confirm his service in Korea.

4.  With respect to the Injim Scout Insignia, commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a certificate of achievement of local design or an honorary award.  There is no distinguishing device authorized for wear to indicate receipt of a certificate or an honorary award and there is no provision to list such certificates/awards on 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.  deleting award of the Armed Forces Expeditionary Medal from his DD Form 214 and

	b.  adding award of the Armed Forces Expeditionary Medal (Korea) and Korea Defense Service Medal 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 showing award of the Imjin Scout Insignia or his service along the DMZ on 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)                                         AR20130016097



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ABCMR Record of Proceedings (cont)                                         AR20130016097



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