RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 APRIL 2004                  
	DOCKET NUMBER:   AR200309566

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. James C. Hise		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones II		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Korean DMZ (Demilitarized Zone) Badge, and that his primary MOS (Military Occupational Specialty) show 11B10 (infantryman), instead of 13A10 (artilleryman).  He also requests that his records be reviewed to determine if he is entitled to any other awards. 

2.  The applicant states that he served on the DMZ in Korea from March 1968 through June 1968 with Company A, 2nd Battalion, 31st Infantry of the 7th Infantry Division.  His primary MOS was 11B10.  His secondary MOS was 13A10.

3.  The applicant provides a copy of his DD Form 214 and a copy of a page from his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 18 April 1969.  The application submitted in this case is dated 6 August 2003.  
2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 14 September 1967, completed training as an infantryman, and in March 1968 was assigned to the above-mentioned unit in Korea as a rifleman.  On 10 August 1968, Headquarters,       7th Infantry Division, published Special Orders Number 223, awarding the applicant a primary MOS of 13A10 and a secondary MOS of 11B10, and withdrawing his primary MOS of 11B10.  That order and the applicant's            DA Form 20 show that he was assigned to Battery D, 6th Battalion, 80th Artillery.    
4.  Special Orders Number 045, published by Headquarters, 7th Infantry Division on 14 February 1969, show that the applicant was reduced to private, pay grade E-1, for misconduct, effective on 6 February 1969. 

5.  The applicant returned to the United States and was released from active duty in the rank and pay grade of private E-2 on 18 April 1969.  His DD Form 214 shows award of the National Defense Service Medal, the Armed Forces Expeditionary Medal (AFEM), and the Expert Marksmanship Qualification Badge with rifle (M-14) bar.  It shows his primary MOS as 13A10.  

6.  The applicant's records contain no evidence of any other awards, or any recommendation for any other awards.   

7.  Army Regulation 600-8-2 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  There is no such award as the "Korean DMZ Badge" requested by the applicant.  There is an award, the Armed Forces Expeditionary Medal, for service in Korea from 1 October 1966 to 30 June 1974, for Soldiers who were engaged in direct support of an operation and in actual combat, or duty which is equally as hazardous as combat, during the operation with armed opposition. 

DISCUSSION AND CONCLUSIONS:

1.  There is no such award as the "Korean DMZ Badge."  The applicant was awarded the AFEM for his service in Korea.  He was also awarded the National Defense Service Meal and the Expert Marksmanship Qualification Badge with rifle (M-14).  His records contain no evidence of any other awards to which he is entitled.  He is not entitled to any other awards.      

2.  Notwithstanding his contention, the applicant's MOS as indicated on his       DD Form 214 is correct.  His primary MOS was changed from 11B10 to 13A10 in August 1968.    

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   
 
4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 April 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on         17 April 1972.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JCH __  __LDS __  __FCJ __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

		_____James C. Hise______
		        CHAIRPERSON

INDEX

CASE ID	AR2003095664	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040422	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.