IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140014361 


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 award of the Combat Infantryman Badge and the Korea Defense Service Medal. 

2.  The applicant states he has become aware of the granting of the Combat Infantryman Badge to members of B Company, 1st Battalion, 9th Infantry for service on the Demilitarized Zone (DMZ).  Additionally, the government of Korea has "minted" the Korea Defense Service Medal and now all members who served in Korea from 28 July 1954 to the present are authorized this medal. 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* EAID Form 500 (2nd Infantry Division Clearance Record)
* Orders 304-10 (reassigning him to the 1st Battalion, 9th Infantry)

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 the Combat Infantryman Badge, this request is premature: 

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6e (3), states the special requirements for award of the Combat Infantryman Badge for service in Korea on the DMZ are rescinded.  Army veterans who served in Korea on or after 28 July 1953 and meet the criteria for award of the Combat Infantryman Badge may submit an application with supporting documentation directly to the U.S. Army Human Resources Command (HRC), ATTN: Veterans Support Branch, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122.  This award may be requested by letter and must contain assignment, attachment, or operational control orders for the period during which the member believes he qualified for the award, a narrative description of the qualifying incident, a copy of the DD Form 214, and any other supporting documentation or applicable military record that shows the member meets the criteria for this award.

	b.  Army Regulation 15-185, the regulation under which the ABCMR operates, states the Board will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  

	c.  There is no evidence the applicant has submitted a request for this badge to HRC.  As such, he has not exhausted his available remedy.  In the event the applicant submits his request with the necessary documentary evidence and he is denied by HRC, he may petition this Board.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  The applicant enlisted in the Regular Army on 21 May 1980 and he reenlisted on 20 April 1983.  He held military occupational specialty 11B (Infantryman).  

4.  He served in Korea from 28 October 1981 to 23 October 1982.  He was assigned to Company B, 1st Battalion, 9th Infantry Regiment, 2nd Infantry Division.  He was credited with an overseas tour.

5.  He again served in Korea from 2 August 1984 to 28 June 1985.  He was assigned to Company C, 1st Battalion, 38th Infantry, 2nd Infantry Division.  He was also credited with an overseas tour.

6.  He was honorably discharged from active duty on 20 March 1986.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* Good Conduct Medal (1st Award)
* Overseas Service Ribbon with Numeral 1
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* First Class Badge Marksmanship Qualification Badge with Grenade Bar

7.  He submitted an EAID Form 500, dated 22 October 1982, showing he completed the necessary outprocessing/clearance processing.

8.  Army Regulation 600-8-2 states:

	a.  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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  The Overseas Service Ribbon is awarded to all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status for successful completion of overseas tours.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from October 1981 to October 1982 and from August 1984 to June 1985.  Therefore, he served a qualifying period for award of the Korea Defense Service Medal and he should be entitled to correction of his DD Form 214 to show this award. 

2.  The applicant was credited with two overseas tours.  His DD Form 214 listed only one award of the Overseas Service Ribbon.  He should be entitled to correction of his DD Form 214 to show two awards of the Overseas Service Ribbon. 

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

* deleting from his DD Form 214 the Overseas Service Ribbon with Numeral 1
* adding to his DD Form 214 the Overseas Service Ribbon (2nd Award) and the Korea Defense Service Medal 



      _______ _   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)                                         AR20140014361



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ABCMR Record of Proceedings (cont)                                         AR20140014361



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