IN THE CASE OF:	  

		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140020909 


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 Armed Forces of the United States Report of Transfer or Discharge) to show: 

* Infantry military occupational specialty (MOS)
* Combat Infantryman Badge
* Korea Defense Service Medal
* Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Imjin Scout Patch 

2.  The applicant states:

* at separation, a sergeant told him not to wait for his medals because he was not going to get them
* the Korea Agent Orange and combat attacks were all covered up for more than 40 years
* he was assigned as an assistant M-60 machine gunner in the 2nd Infantry Division, Headquarters and Headquarters Company 
* he was also involved in many truck convoy operations as a guard and he was involved in six combat incidents 

3.  The applicant provides:

* DD Form 214, dated 13 June 1969
* medical statement 
* Department of Veterans Affairs (VA) letter, dated 13 January 2014
* self-authored memoirs 

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's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  An exhaustive search was undertaken to locate his military records which are necessary for the processing of his application.  Unfortunately, they could not be found.  However, there was one document (DD Form 214) remaining in a reconstructed record which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army for a 
3-year term on 22 June 1966.  He was honorably released from active duty on 13 June 1969 as an overseas returnee.  His DD Form 214 shows at the time of his separation, he: 

* was assigned to Headquarters and Headquarters Company and Band, Support Command, 2nd Infantry Division, Eighth Army, Korea 
* held MOS 02L (Saxophone Player) 
* completed 2 years, 11 months, and 22 days of active service of which 1 year, 3 months, and 16 days was foreign service in the U.S. Army Pacific 
* was awarded or authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Armed Forces Expeditionary Medal (Korea)

4.  He provides:

	a.  A medical document, dated 7 June 2013, from a medical doctor who states the applicant is under his care in the Rheumatology Clinic at University of California Davis Medical Center, Sacramento, CA, for systemic fasciitis based on the applicant's exposure to Agent Orange. 

	b.  Self-authored memoirs describing his service in Korea and referring to incidents that occurred in Korea with Soldiers being killed or wounded, Agent Orange, and other matters.  

	c.  VA letter authorizing him an electronic power chair. 

5.  On 7 June 2013, in response to his petition, the U.S. Army Human Resources Command issued him a DD Form 215 (Correction to DD Form 214) to add award of the Korea Defense Service Medal.  However, HRC responded to his request for other awards/badges as follows: 

	a.  The Combat Infantryman Badge is authorized during the period of the Korean Conflict from 27 June 1950 to 27 July 1953, and for service on the Demilitarized Zone from 28 July 1953 to 31 March 1991.  To be eligible to receive the Combat Infantryman Badge during this period, Soldiers must be assigned to an Infantry unit, possess an infantry MOS, and have satisfactorily participated in combat while the unit was actively engaged with the enemy.  Merely being assigned to combat patrol duty is insufficient verification for this award.  HRC officials were unable to verify his entitlement to the Combat Infantryman Badge.

   b.  HRC was not able to verify his entitlement to award of Sharpshooter Badge with Machinegun Bar based on the lack of official orders awarding him this badge.  

	c.  Regarding the lmjin Scout Badge, this item was given to units serving north of the DMZ in the Imjin River.  This badge is not an official award issued by the Army.  The badge is available for purchase from certified vendors of military memorabilia.

6.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  The Combat Infantryman Badge may be awarded for qualifying service on the Demilitarized Zone in Korea.


7.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree -- Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

8.  The Imjin Scout Badge was a 2nd Infantry Division badge that provided special recognition to members of the 2nd Infantry Division who served along the Demilitarized Zone in Korea.  The badge is not an authorized Army award and is not authorized for wear upon reassignment out of the division area.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It stated, in pertinent part, that item 23a shows the primary MOS code. 

DISCUSSION AND CONCLUSIONS:

The applicant's military records are not available to the Board for review.  His DD Form 214 is the only available document.  It shows he served on active duty from 22 June 1966 to 13 June 1969, during which he appears to have served in Korea.   

	a.  With respect to the MOS, the regulation governing the DD Form 214 at the time required an entry of the Soldier's MOS at the time of separation.  The applicant's DD Form 214 shows he held MOS 09L.  He did not provide any evidence that shows he was trained in, awarded, or held an infantry MOS.  There are no documents such as a certificate of training, MOS order, diploma, or service academic report that support his contention of holding an infantry MOS.  In the absence of evidence, he should not have his DD Form 214 changed to reflect an infantry MOS.  

	b.   All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.  As the applicant did not hold an infantry MOS, he should not be awarded the Combat Infantryman Badge because he does not meet this basic criterion. 

	c.  With respect to the marksmanship badge, there is no evidence, in the form of an order, entry on the DA Form 20 (Enlisted Qualification Record), memorandum/endorsement, or a firing record that shows the applicant qualified with the M-60 machine gun or the degree of qualification.  In view of the foregoing evidence, he should not have his DD Form 214 changed to add this badge. 

	d.  The Imjin Scout Badge was a 2nd Infantry Division award and is not an authorized Army award.  It is a 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 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

      _______ _   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)                                         AR20140020909



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ABCMR Record of Proceedings (cont)                                         AR20140020909



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