BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160004036 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: 3 April 2018 DOCKET NUMBER: AR20160004036 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 show in: a. item 24 – * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar b. item 30 – service in “Indochina – no, Vietnam – no, Korea – yes.” 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 any relief in excess of that described above. ________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: 3 April 2018 DOCKET NUMBER: AR20160004036 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: a. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is authorized; and b. the dates on a locally prepared "Imjin Scout" Certificate. 2. The applicant states: * his DD Form 214 does not adequately reflect his service in the Republic of Korea * the dates are wrong on the Imjin Scout Certificate * the Marksman Marksmanship Qualification Badge with Rifle Bar should be changed to the Expert Marksmanship Qualification Badge with Rifle Bar * he may be entitled to a combat award due to a combat related engagement along the Demilitarized Zone (DMZ); the event should be listed in the unit’s diary 3. The applicant provides copies of his: * DD Form 214 * Imjin Scout Certificate * Letter, Summary of Benefits, from the Department of Veterans Affairs (VA), dated 24 June 2015 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 was inducted and entered active duty on 6 October 1966. He completed training as a light weapons infantryman. 3. His DA Form 20 (Enlisted Qualification Record) shows he: a. Served in Korea, with B Company, 2nd Battalion, 23 Infantry, 2nd Infantry Division from 12 April to 21 October 1967; b. was advanced to the rank/grade of private first class (PFC)/E3 on 1 June 1967; c. was authorized the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. His record contains the following two weapons qualification orders: a. Special Orders Number 346, published by the 2nd Armored Division, dated 12 December 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and b. Special Orders Number 48, published by 2nd Armored Division, dated 17 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14). 5. The applicant returned from Korea to the United States early and was honorably released from active duty on 22 October 1967 and transferred to the U.S. Army Reserve due to family hardship. Item 24 (Decorations, Medals, Badges, Citations, and Campaign Medals Awarded or Authorized) on his DD Form 214 shows his authorized awards as the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar. 6. The Imjin Scout Certificate the applicant provided was issued by B Company, 2nd Battalion, 23 Infantry, 2nd Infantry Division, for commendable service in the defense of freedom along the DMZ in Korea from 1967 to 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Armed Forces Expeditionary Medal is authorized for service in Korea from 1 October 1966 to 30 June 1974. b. The Korea Defense Service Medal 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. Soldiers may be awarded the Armed Forces Expeditionary Medal and the Korea Defense Service Medal for the same period of service. 2. Army Regulation 635-5 (Separation Documents), then in effect, set forth the instructions for completing the DD Form 214. The 23 May 1972 edition of this regulation provided instructions for listing service performed in Indochina and Korea (other than Vietnam) after 5 August 1964. To show service in Korea only, in the Remarks block of the DD Form 214 enter “Indochina–no, Vietnam–no, Korea–yes.” 3. The Imjin Scout Certificate was a locally-produced certificate that is not part of the Department of the Army certificate inventory. DISCUSSION: 1. The applicant requests his DD Form 214 list all of his awards and reflect his service in Korea. He states his Imjin Scouts Certificate dates are wrong, his Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) should be listed on his DD Form 214 as the Expert Marksmanship Qualification Badge, and he may qualify for a combat award because of an event along the DMZ. 2. Based on his service in Korea, he is authorized the Armed Forces Expeditionary Medal and the Korea Defense Service Medal. 3. Orders in his record show the applicant qualified for and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar in 1966 and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar in 1967. His DD Form 214 does not show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). [UAu3][UAu4] 4. The dates are clearly wrong on the applicant’s Imjin Scouts Certificate; the applicant was not in Korea from 1967 to 1968. The Imjin Scouts Certificate is a locally produced form that is not part of the Department of the Army inventory. As a result, unfortunately, there is no effective means of correcting this locally-issued certificate. 6. The regulation governing preparation of the DD Form 214 as in effect shortly after the applicant’s period of active duty service required an entry in the Remarks block of the DD Form 214 confirming service in Korea. The applicant’s DD Form 214 does not contain such an entry. //NOTHING FOLLOWS// [UAu1] [UAu2R1] [UAu3] [UAu4R3]Both orders are for the M-14 Rifle. Generally, the last weapons qualification score dictates the badge to be listed on the DD Form 214. Accordingly, the qualification badge listed on the DD Form 214 would be correct. [UAu5]He did not request the CIB. Should we reference it? ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2