IN THE CASE OF: BOARD DATE: 23 August 2011 DOCKET NUMBER: AR20110002953 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 his service in the DMZ in Korea be shown on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 27 March 1975. 2. The applicant states he was an ammo sergeant in Service Battery, 1st Battalion, 35th Field Artillery in Korea in 1974. He states he should be considered a combat veteran and be entitled to a Combat Action Ribbon (determined to refer to the Combat Infantryman Badge). He also feels he is entitled to a combat patch. 3. The applicant provides no additional evidence in support of his application. 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 requested award of the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) states Army veterans and service members 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 (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. There is no evidence the applicant has applied to HRC indicating he has not exhausted his administrative remedy on this issue. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 3. He enlisted in the Regular Army on 28 March 1973 for a period of 2 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic). 4. He was assigned to Service Battery, 1st Battalion, 38th Field Artillery in Korea from 10 August 1973 to 30 April 1974. 5. On 27 March 1975, he was released from active duty. He completed 2 years of active service that was characterized honorable. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the: * National Defense Service Medal * Armed Forces Expeditionary Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge. However, it does not provide, nor is it intended to, a detailed history of a Soldier's duties and assignments. 7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service (SSI-FWTS), commonly referred to as a “combat patch”. In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. His military records do not show he made trips to the DMZ. However, if there were records of these trips, the detailed history of a Soldier's duties while assigned to a unit are not entered on the DD Form 214. 2. The SSI-FWTS is a shoulder sleeve insignia indicating former wartime service and is worn on the uniform as prescribed in Army Regulation 670-1. The SSI-FWTS is not an award or a decoration. Therefore, there is no provision for entering the SSI-FWTS on the 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) AR20110002953 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110002953 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1