ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 September 2020 DOCKET NUMBER: AR20200001665 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * 2nd Infantry Division Combat Patch * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 16 November 2019 * Certificate, IMJIN Scout Insignia, dated April (year not provided) * Wikipedia Information on Korea and the Demilitarized Zone (DMZ), printed on 14 November 2019 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was assigned to the 2nd Infantry Division, Korea, along the DMZ during the designated hostile fire zone period. b. He was awarded the IMJIN Scout Insignia for commendable participation in operational missions along the DMZ and he participated in activities that involved mine sweeping and other assignments. 3. The applicant's records contain sufficient evidence to support an additional award not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show award of the Korea Defense Service Medal. 4. On 26 September 1966, the applicant enlisted in the Regular Army. 5. He completed training and he was awarded military occupational specialty (MOS) 62B20 (Engineer Equipment Repairmen). 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Oversea Command) – service in United States Army Pacific Command (USARPAC), Korea, from 28 November 1967 to 21 December 1968; b. item 38 (Record of Assignments), in part –Company C, 2nd Engineer Battalion, 2nd Infantry Division, USARPAC, from 3 December 1967 to 20 December 1968, and he received "excellent" conduct and efficiency ratings; c. item 41 (Awards and Decorations) – * National Defense Service Ribbon * Armed Forces Expeditionary Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 25 September 1969, he was honorably released from active duty. His DD Form 214 shows he completed 3 years of net service and in: a. item 23a (Specialty Number and Title) – 62B20, Engineer Equipment Repairman; b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * National Defense Service Medal * Armed Forces Expeditionary Medal c. 26a (Non-Pay Periods, Time Lost) – None. 8. The applicant provided: a. a copy of his Certificate for the Imjin Scout Insignia awarded to him while he was assigned to Company C, 2nd Engineer Battalion, and b. Wikipedia Information on Korea and the DMZ, dated 14 November 2019, which shows, in part, on 1 April 1968, the DMZ-Imjin River area was declared as a hostile fire zone, which entitled hostile fire pay and later award of the Combat Infantryman Badge and Combat Medical Badge to qualified service members stationed in the area. 9. His records are void of evidence he was awarded the 2nd Infantry Division Combat Patch. 10. His records are void of orders he was awarded the Combat Infantryman Badge. 11. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 26 September 1966 through 25 September 1969. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the applicant not being assigned to an infantry unit or being an infantryman, as well as evidence showing the applicant being in direct armed conflict, the Board concluded there was insufficient evidence of an error or injustice which would award the CIB to the applicant. Additionally, based upon regulatory guidance, the unit combat patch is not an award or decoration which is considered for placing on a DD Form 214. Therefore, the Board recommended all requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. Prior to closing the case, the Board note the administrative note below from the analyst of record and recommended that change be completed to more accurately reflect the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): The applicant served a qualifying period of service for award of the Korea Defense Service Medal which is not listed on his DD Form 214. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. For award of the Combat Infantryman Badge a Soldier must meet the following three requirements: (1) Be an infantry Soldier satisfactorily performing infantry duties. (a) A Soldier must be an Army infantry or Special Forces officer (Career Management Field or Area of Concentration 11 or 18) in the grade of colonel/O-6 or below, or an Army enlisted Soldier or warrant officer with an infantry or Special Forces MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or Special Forces unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. (b) Eligibility for Special Forces personnel in MOSs 18B, 18C, 18E, 18F, and 18Z (less 18D-Special Forces medical sergeant) accrues from 20 December 1989. Retroactive awards of the Combat Infantryman Badge to Special Forces personnel are not authorized prior to 20 December 1989. (2) Be assigned to an infantry unit during such time as the unit is engaged in active ground combat. (a) A recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. (b) Personnel with other than an infantry or Special Forces MOS are not eligible, regardless of the circumstances (c) Awards will not be made to general officers or to members of headquarters companies of units larger in size than brigade. (3) Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. (4) In addition, any officer, warrant officer, or enlisted Soldier whose branch is other than infantry who, under appropriate orders was assigned to advise a unit or was assigned as a member of a White Star Mobile Training Team or a member of Military Advisory and Assistance Group-Laos, will be eligible for award of the Combat Infantryman Badge provided all other requirements have been met. (5) After 1 December 1967 for service in the Republic of Vietnam, noncommissioned officers serving as command sergeants major of infantry battalions and brigades for periods of at least 30 consecutive days in a combat zone are eligible for award provided all other requirements have been met. b. The Korea Defense Service Medal is authorized for award to service members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. c. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. a. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). b. The Army Good Conduct Medal the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001665 6 1