BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20150018190 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20150018190 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Korea Defense Service Medal. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show the Expert Marksmanship Qualification Badge with Grenade Bar or an award other than the Korea Defense Service Medal. ____________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: 4 May 2017 DOCKET NUMBER: AR20150018190 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 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB), Expert Marksmanship Qualification Badge with Grenade Bar, and all other awards to which he may be entitled. 2. He states due to a clerical error, his DD Form 214 does not list the above awards. He explains he was assigned to Company C, 1st Battalion, 9th Infantry Regiment, 2nd Infantry Division, Korea, from 2 December 1978 to 28 November 1979. His duties were “TOW gunner,” patrol, and guard duty on the Demilitarized Zone (DMZ). He describes incidents that occurred in Korea that placed his life in jeopardy. He states in October 1979, he and his squad went on an ambush patrol on the DMZ. During the patrol, shots and an M-203 grenade launcher were fired. 3. He provides: * Self-authored statement * Statements for Enlistment Delayed Entry Program * DA Form 2946-R (40 - MM Grenade Launcher Qualification Scorecard), dated 4 October 1978 * DA Form 4600 (Travelope), dated 15 November 1978 * 2d Infantry Division Clearance Record * DD Form 214 * Internet Articles titled "Korean Peninsula Clashes (1955-2010)" and "Editing list of border incidents involving North Korea" 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 request for the CIB is premature. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. There is no evidence the applicant has submitted a request for this badge to the U.S. Army Human Resources Command (HRC). As such, he has not exhausted his available remedy. In the event the applicant submits his request with the necessary documentary evidence and he is denied by HRC, he may petition this Board. a. Army Regulation 600-8-22 (Military Awards), paragraph 8-6e (3), states the special requirements for award of the CIB for service in Korea on the DMZ are rescinded. Army veterans who served in Korea on or after 28 July 1953 and meet the criteria for the CIB may submit an application with supporting documentation directly to the HRC, ATTN: Veterans Support Branch, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122. This award may be requested by letter and must contain assignment, attachment, or operational control orders for the period during which the member believes he qualified for the award, a narrative description of the qualifying incident, a copy of the DD Form 214, and any other supporting documentation or applicable military record that shows the member meets the criteria for this award. b. Based on the foregoing, this Record of Proceedings will not further address the portion of the applicant's request pertaining to the CIB. 3. The applicant enlisted in the Regular Army on 4 August 1978. He held military occupational specialty 11B (Infantryman). 4. He served in Korea from 2 December 1978 to 28 November 1979. 5. A DA Form 2946-R, dated 4 October 1978, indicates he qualified as expert with the grenade launcher achieving a qualification score of 45. However, the scorecard is not signed by him or the verification officer. The scorecard does show the scorer's initials. REFERENCES: 1. Field Manual 23-31 (40-MM Grenade Launchers, M-203 and M79), in effect at the time, provided guidance and technical information on training and combat techniques for the grenade launcher. In reference to the scorecard, the manual states each time the grenadier moves from one station to another he must carry his scorecard with him. All scoring entries on the card are made and initialed by the assistant instructor at the station being fired. After completion of qualification firing, the grenadier must sign the scorecard as well as the officer. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. 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. (Examples: Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.) b. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION: 1. Although the applicant provides a DA Form 2946-R that indicates he qualified as expert with the grenade launcher, the scorecard is missing the verifying officer and the applicant's signatures. The field manual requires these signatures to validate the information on the form. Additionally, there are no orders and a signed copy of his scorecard is not contained in his available records. The Board must determine if a preponderance of the evidence indicates he was fully eligible for the Expert Marksmanship Qualification Badge with Grenade Bar. 2. The applicant served in Korea from 2 December 1978 to 28 November 1979, which makes him eligible for the KDSM. This award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018190 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018190 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2