IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140008462
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 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (1st oak leaf cluster) and the Imjin Scout Badge.
2. The applicant states he earned the awards while at Fort Ord, CA, and while working at the Light Fighters School at Camp Liberty Bell, Korea.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Permanent Orders 50-76
* DA Form 4980-18 (Army Achievement Medal Certificate)
* The Imjin Scout Insignia Certificate
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 enlisted in the Regular Army on 14 February 1983. He completed training and was awarded military occupational specialty 11B (Infantryman).
3. Permanent Orders 50-76, issued by Headquarters, 7th Infantry Division (Light) and Fort Ord, Fort Ord, CA, dated 16 March 1987, show he was awarded the Army Achievement Medal (1st oak leaf cluster) for meritorious achievement during the period 6 July 1985 to 4 February 1987.
4. On 4 February 1987, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 he was issued shows he was awarded or authorized the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal
* Army Achievement Medal
5. On 24 September 2013, the applicant's record was corrected by DD Form 215 to show award of the Korea Defense Service Medal.
6. The applicant provides an Imjin Scout Insignia Certificate for commendable service in the defense of freedom along the demilitarized zone (DMZ), Korea, for the period December 1983 to January 1984.
7. Army Regulation 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed.
8. 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 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. The Awards and Decorations Branch at U.S. Army Human Resources Command 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. Permanent orders awarded the applicant the Army Achievement Medal (1st oak leaf cluster). Therefore, he is entitled to correction of his DD Form 214 to reflect this award.
2. 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 the Army Achievement Medal (1st oak leaf cluster) to 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 adding the Imjin Scout Badge to 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) AR20140008462
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ABCMR Record of Proceedings (cont) AR20140008462
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