IN THE CASE OF:  	  

		BOARD DATE:  20 November 2014	  

		DOCKET NUMBER:  AR20140005298 


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:

	a.  in effect, an upgrade of his award of the Army Achievement Medal to an Army Commendation Medal; 

	b.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the upgraded award and the Korea Defense Service Medal, 
Imjin Scout [Patch], and Air Assault Badge; and

	c.  issuance of an Honorable Discharge Certificate. 

2.  The applicant states:

* he served in Korea at the Demilitarized Zone (DMZ) from August “1996” (i.e., 1986) to November 1986 and he was the designated marksman on ambush patrols
* he was awarded the Army Achievement Medal for being the designated marksman at the DMZ
* his team leader was ejected from the Army and he (the applicant) took over his duties based on his excellent navigational skills
* on one occasion that involved a short exchange of fire due to erroneous land navigation by his lieutenant, they were in North Korea
* he was told by his lieutenant if that area was recognized as a combat zone, he would recommend him for a higher award 
* now the Government recognizes that area as a combat zone and he should have his Army Achievement Medal upgraded
* after their return from that patrol, they were told by the intelligence officer that the incident "never happened"
* after the DMZ mission, he was reassigned to the 1st Battalion, 503rd Infantry Regiment, an air assault unit based at Camp Hovey
* he completed local Air Assault training and was authorized to wear the badge without a certificate or an entry on his DD Form 214
* he participated in air assault training missions from December 1986 to August 1987
* finally, when he was discharged from the Army, he never received an Honorable Discharge Certificate

3.  The applicant provides his DD Form 214 and a certificate showing award of the Army Achievement Medal.

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.  With respect to upgrading the Army Achievement Medal to an Army Commendation Medal, the applicant's request is premature: 

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available to him/her.  There is no evidence that the applicant has submitted a request to the U.S. Army Human Resources Command (HRC) and was denied relief. 

	b.  Title 10, USC section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, a DA Form 638 (Recommendation for Award), must be submitted.  The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10, USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the applicant must submit his request through a Member of Congress who will send it to HRC, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  Because the applicant has not submitted his request in accordance with Title 10, USC 1130, and has been denied relief, his request to this Board is premature and this issue will not be discussed further in the Record of Proceedings. 

3.  The applicant enlisted in the Regular Army on 15 May 1984.  He completed one station unit training and he was awarded military occupational specialty 11B (Infantryman).  

4.  He served in Korea from 14 August 1986 to on or about 24 August 1987.  He was assigned to Company B, 1st Battalion, 23rd Infantry from 15 August to 15 December 1986 and Company B, 1st Battalion, 503rd Infantry, from 16 December 1986 to 24 August 1987. 

5.  He was honorably released from active duty on 27 August 1987 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligations.  His DD Form 214 shows he was awarded or authorized the:

* Army Achievement Medal (1st Oak Leaf Cluster)
* Good Conduct Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Army Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar 
* Expert Marksmanship Qualification Badge with Dragon Gunner Bar

6.  His records do not contain any indication that he completed Air Assault School or was awarded the Air Assault Badge:

* his service record does not contain a certificate showing completion of the Air Assault School
* his DA Form 2-1 (Personnel Qualification Record) does not list Air Assault School as one of the military schools he completed 
* the Air Assault Badge is not listed on his DA Form 2-1 as one of his awards and decorations 

7.  He was honorably discharged from the USAR on 14 May 1990.  His discharge orders stated "Discharge certificate and orders were mailed to the last known address this date, 25 June 1990."  

8.  Army Regulation 600-8-22 states: 

	a.  The Air Assault Badge may be awarded for satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	b.  The Korea Defense Service Medal 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 Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  

9.  The Awards and Decorations Branch at HRC has informed the Board's staff the Imjin Scout Badge was a 2nd Infantry Division unique award that provided special recognition to members of the 2nd Infantry Division who served along the DMZ in Korea.  The badge is not an authorized Army award and is not authorized for wear upon reassignment out of the division area.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 14 August 1986 to on or about 24 August 1987.  This period of service qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it. 

2.  He was honorably discharged from the USAR on 14 May 1990.  Although his orders clearly stated a discharge certificate was in fact mailed to his last known address, there is no harm to the Army or the Soldier if he is reissued an Honorable Discharge Certificate.

3.  With respect to the Air Assault Badge, there is no evidence in the applicant's records and he did not provide evidence of satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  Therefore, there is insufficient evidence to award him this badge.

4.  The Imjin Scout Badge was a 2nd Infantry Division unique award and is not an authorized Army award.  It is a temporary local award that is not authorized for wear outside the division area.  Therefore, because it is not an authorized Army award, there is no basis for adding this badge to any Soldier's 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 to his DD Form 214 the Korea Defense Service Medal
* issuing him an Honorable Discharge Certificate effective 14 May 1990






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 award of the Air Assault Badge and the Imjin Scout patch or badge. 



      _______ _   _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)                                         AR20140005298





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005298



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1