IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140004052
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, in effect, correction of his military records to show award of the Korea Defense Service Medal (KDSM) and the Imjin Scout Patch/Badge with Certificate.
2. The applicant states he served on the Demilitarized Zone (DMZ) in the Republic of Korea (ROK) for several months. He went on live patrols, checked the mine field at Guard Post Collier, performed riot control, and performed duty as a DMZ policeman. He states he truly deserves the Imjin Scout Patch/Badge simply because he was there and gave it his all.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 military records show:
a. he was assigned to Company C, 1st Battalion, 17th Infantry Regiment, 2nd Infantry Division, located in the ROK from 21 April 1982 to 3 April 1983. His served as a personnel carrier driver;
b. he completed the 2nd Infantry Division Primary Leadership Development Course but no indication that he completed training specific for duty on the DMZ; and
c. his awards did not include the Imjin Patch/Badge.
3. On 4 April 1983, the applicant was released from active duty. His DD Form 214 shows he was awarded the Army Service Ribbon and the Overseas Service Ribbon.
4. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. Awards and decorations for all periods of service were to be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry must be verified by the Soldier's records.
5. Army Regulation 600-8-22 states the KDSM 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 ROK. The area of eligibility and the period of eligibility include service members of the armed forces who have served in support of the defense of the ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense.
6. The award of the Imjin Scout Patch/Badge is unique to the 2nd Infantry Division. The Imjin Scouts Patch/Badge was first issued as a pocket patch in December 1965 to graduates of the 2nd Infantry Division's Advanced Combat
Training Academy (ACTA) located at Camp Sitman north of the Imjin River. The primary purpose of the school was to prepare 2nd Infantry Division Soldiers to operate on the Korean DMZ.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Imjin Patch/Badge and Certificate.
2. The available evidence shows that the applicant served in the ROK for a year in 1983. However, there is no available evidence showing that he was awarded the Imjin Patch/Badge by the 2nd Infantry Division. Furthermore, this award is unique to the 2nd Infantry Division and awarded upon completion of specific training for duty on the DMZ. As such, it is not listed in Army Regulation 600-8-22 and does not qualify for entry on the DD Form 214.
3. The available evidence shows that the applicant served during a qualifying period for award of the KDSM. Therefore, this medal should be shown on 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 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 adding the Korea Defense Service Medal on his DD Form 214.
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 awarding him the Imjin Patch/Badge with certificate.
_______ _ 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.
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