BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001882 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001882 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160001882 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Imjin Scout Patch/Badge with Certificate and his tour of duty in the Republic of Korea (ROK). 2. The applicant states he served on the Demilitarized Zone (DMZ) in the ROK from May 1969 to June 1970 with the 6th Battalion, 37th Artillery, 2nd Infantry Division. 3. The applicant provides no additional documentation. 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 enlisted in the Regular Army on 25 October 1967 and was trained as a field wireman. 3. The applicant's military records show he was assigned to Headquarters and Headquarters Battery, 6th Battalion, 37th Artillery Regiment, 2nd Infantry Division, located in the ROK from 12 May 1969 to on or about 5 June 1970. 4. On 6 June 1970, the applicant was released from active duty. His DD Form 214, as corrected by DD Form 215 (Correction to DD Form 214), shows: a. He served 1 year and 1 month in the U.S. Army Pacific (USARPAC); b. He was awarded: * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal for service in Korea (AFEM) * Korea Defense Service Medal (KDSM) * Expert Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. a. 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. b. Awards and decorations for the period covered by the DD Form 214 were to be listed. Each entry required verification from the Soldier's records. 2. The award of the Imjin Scout Patch/Badge is unique to the 2nd Infantry Division. The Imjin Scouts Patch/Badge was first issued as a pocket patch in December 1965 to graduates of the 2nd Infantry Division's Advanced Combat Training Academy (ACTA) located at Camp Sitman north of the Imjin River. The primary purpose of the school was to prepare 2nd Infantry Division Soldiers to operate on the Korean DMZ. DISCUSSION: 1. The applicant contends that his military records should be corrected to show award of the Imjin Patch/Badge and Certificate and his tour of duty in the ROK. 2. The available evidence shows that the applicant served in the ROK from May 1969 to June 1970. Furthermore, this award is unique to the 2nd Infantry Division and awarded upon completion of specific training for duty on the DMZ. As such, it is not listed in Army Regulation 600-8-22 and does not qualify for entry on the DD Form 214. 3. The governing regulation for completion of the DD Form 214 did not and still does not provide for entering tours of duty in the ROK. However, in the applicant’s case, his awards of the AFEM and KDSM clearly show his service in USARPAC was served in the ROK. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001882 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2