IN THE CASE OF:	  

		BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140012501 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his service in Korea
* the "Imjin Scout Medal"
* his expiration term of service occurred at Fort Lewis, WA

2.  The applicant states, in effect, his DD Form 214 does not contain any record of his service in Korea on the Demilitarized Zone (DMZ).  He served in Korea, received hazardous duty pay, and was awarded the Imjin Scout Certificate.  Additionally, his DD Form 214 does not indicate he separated from Fort Lewis, WA.  He served his country proudly and deserves full recognition of his service for his personal satisfaction and for the Department of Veterans Affairs (VA) medical claim he is filing.  

3.  The applicant provides no additional evidence in support of his request.  

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 13 April 1970, held military occupational specialty 11E (Armor Crewman), and attained the rank/grade of specialist four (SP4)/E-4.

3.  Items 31 (Foreign Service) and 38 (Record of Assignments) of his DA Form 20 (Personnel Qualification Record) show he was assigned to the Republic of Korea from 16 September 1970 to 15 November 1971, where he served with Headquarters and Headquarters Company, 1st Battalion, 23d Infantry Regiment, 2nd Infantry Division, from 21 September 1970 to 15 November 1971.

4.  His record does not contain any evidence that shows he was awarded the Imjin Scout Certificate.

5.  He was honorably released from active duty on 18 November 1971 after completing 1 year, 7 months, and 6 days of net active service.  His DD Form 214 shows in:

	a.  Item 11b (Station of Installation at Which Effected), he was separated from active duty at Fort Lewis, WA;

	b.  Item 22c (Foreign and/or Sea Service), he completed 1 year, 2 months, and 2 days of foreign service in the U.S. Army Pacific Command (USARPAC);

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

	d.  item 30 (Remarks), no entry that shows he served in the Republic of Korea.


6.  2nd Division Regulation Number 672-3 (Decorations, Awards, and Honors – IMJIN Scout Certificate) serves as the authority for, and establishes the criteria and procedures for, awarding the Imjin Scout Certificate for participation in DMZ operations.  It provides, in pertinent part, that the Imjin Scout Certificate provides special recognition to members of the 2nd Infantry Division and members of units in support of Division operations engaged directly in DMZ missions.  The Imjin Scout Certificate is not an authorized entry on military personnel records; however, the certificate may be filed in a Soldier’s records for recognition and historical purposes.  

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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 Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  A review of his service records shows he had "excellent" conduct and efficiency ratings and no derogatory information in the form of time lost, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal (AGCM) for the period 13 April 1970 through 18 November 1971.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The instructions specified:

	a.  for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20, omitting authorities cited therein; and

	b.  for item 30 (Remarks), indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his service in Korea, his award of the Imjin Scout Certificate, and to show he was separated at Fort Lewis, WA was carefully considered.

2.  The evidence of record shows he served in the Republic of Korea from         16 September 1970 to 15 November 1971 - a qualifying period for award of the KDSM.  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in the Republic of Korea and his award of the KDSM.

3.  He served honorably during the period 13 April 1970 through 18 November 1971.  His record shows he received excellent conduct and efficiency ratings throughout his period of service.  There is no derogatory information in his records that would disqualify him from receiving the initial award of the AGCM, and there is no evidence his commander sought to deny him this award.  It appears he met the criteria for this award; therefore, it would be appropriate to award him the AGCM (1st Award) for the period 13 April 1970 through 18 November 1971 and correct of his DD Form 214 show it.

4.  The applicant contends his DD Form 214 should be corrected to show the Imjin Scout Certificate.  Notwithstanding the fact that there is no evidence that shows he was awarded this certificate, the Imjin Scout Certificate is not authorized for entry on military personnel records; therefore, it cannot be listed on his DD Form 214.

5.  He further contends his DD Form 214 should be corrected to show he was separated at Fort Lewis, WA.  His DD Form 214 already shows this; therefore, there is no error or injustice, in this respect, and no reason to further correct 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
13 April 1970 through 18 November 1971;

	b.  amending item 24 of his DD Form 214 by adding the Army Good Conduct Medal (1st Award) and the Korea Defense Service Medal; and

	c.  amending item 30 of his DD Form 214 by adding the entry, "Indochina – No, Vietnam – No, Korea – Yes."

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 correcting his DD Form 214 to show he was awarded the Imjin Scout Certificate or to show he was separated at Fort Lewis, WA.  




      __________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)                                         AR20140012501





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ABCMR Record of Proceedings (cont)                                         AR20140012501



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