IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017503
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) by showing he was awarded:
* Army Achievement Medal (AAM)
* Combat Infantryman Badge (CIB)
* Korea Defense Service Medal (KDSM)
2. The applicant states he is eligible for the CIB based on his service on the demilitarized zone (DMZ) while in the Republic of Korea (ROK). He is proud of his military service and wants his records to correctly reflect his accomplishments.
3. The applicant provides copies of:
* DD Form 214
* Permanent Orders 351-53, 2nd Infantry Division, dated 17 December 1986
* Certificate for award of the AAM, dated 12 November 1986
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. On 19 June 1985, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Infantryman)
3. The applicant served as a rifleman in the ROK from 13 November 1985 to
12 November 1986. He was assigned with Company C, 1st Battalion, 38th Infantry Regiment located on the DMZ.
4. Permanent Orders 351-53, 2nd Infantry Division, dated 17 December 1986, as provided by the applicant, announced his award of the AAM for meritorious service while assigned in the ROK.
5. On 30 March 1988, the applicant was released from active duty (REFRAD). He completed 2 years, 8 months, and 12 days of creditable active duty service. His DD Form 214, as corrected by DD Form 215 (Correction to DD Form 214), lists his awards as:
* Army Service Ribbon
* Overseas Service Ribbon
* Parachutist Badge
* Army Good Conduct Medal
* KDSM
6. Army Regulation 600-8-22 (Military Awards) states that effective 11 January 2007, the special requirements for award of the CIB for service in the ROK on the DMZ are rescinded. Army veterans and service members who served in Korea on or after 28 July 1953 and met the criteria for award of the CIB may submit an application (to include supporting documentation) for award of the badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing he was awarded:
* AAM
* CIB
* KDSM
2. The permanent orders show that the applicant was awarded the AAM for his service in the ROK. Therefore, this medal should be shown on his DD Form 214.
3. The evidence of record shows that the applicant's DD Form 214 has already been corrected to add the KDSM. Therefore, no additional action is required for this issue.
4. There is no available evidence showing that the applicant has submitted a request to the HRC to have the CIB awarded to him for his service while on the DMZ in the ROK. Should he do so, and it be denied, he may request this Board to reconsider this portion of his request should be believe HRC erred in their decision.
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 showing, in addition to the awards already-shown on his DD Form 214, that his awards include the Army Achievement Medal.
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 Combat Infantryman 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) AR20140017503
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ABCMR Record of Proceedings (cont) AR20140017503
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