IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019183 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 IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019183 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: a. deleting the Vietnam Service Medal from his DD Form 214; and b. adding to his DD Form 214: * Korea Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 adding the IMJIN Scout Award to his DD Form 214. _________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. IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019183 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 the Armed Forces Expeditionary Medal and the "Imjin Scout Award" for his foreign service in Korea (Demilitarized Zone (DMZ). 2. He states this information is not listed on his DD Form 214. 3. He provides: * DA Form 2349 (Military Pay Voucher) for the period ending 31 August 1968 * DD Form 214, ending 15 August 1970 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 22 August 1967. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) he served in the following overseas locations: * Korea from 22 January 1968 to 21 February 1969 * Vietnam from 16 October 1969 to 14 August 1970 b. Item 38 (Record of Assignments), he was assigned to the following overseas units: * B Battery, 2nd Battalion (Hawk) 71st Artillery, Korea, from 24 January 1968 to 3 August 1968 * Company B, 3rd Battalion, 23rd Infantry, Korea, from 4 August 1968 to 11 February 1969 * Headquarters and Headquarters Company (HHC), U.S. Army Inventory Control Center, Vietnam, from 19 October 1969 to 11 August 1970 c. Item 41 (Awards and Decorations), he was awarded or authorized: * National Defense Service Medal * Armed Forces Expeditionary Medal-Korea * Army Good Conduct Medal (1st Award) * Republic of Vietnam Campaign Medal with Device "1960" * two Overseas Service Bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 3. His record does not contain any evidence that shows he was awarded the Imjin Scout Certificate. 4. The applicant provides his Military Pay Voucher, ending 31 August 1968. This document shows the applicant was assigned to Company B, 3rd Battalion, 23rd Infantry, Korea and the disbursing office was located with the 2nd Infantry Division, Korea. 5. He was released from active duty on 15 August 1970. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device "1960" * Army Good Conduct Medal REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The Armed Forces Expeditionary Medal is authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. It is awarded 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 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. c. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant’s service in the Republic of Vietnam he participated in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. 3. 2nd Division Regulation Number 672-3 (Decorations, Awards, and Honors – Imjin Scout Certificate) serves as the authority for, and establishes the criteria and procedures for, awarding the Imjin Scout Certificate for participation in DMZ operations. It provides, that the Imjin Scout Certificate provides special recognition to members of the 2nd Infantry Division and members of units in support of Division operations engaged directly in DMZ missions. The Imjin Scout Certificate is not an authorized entry on military personnel records; however, the certificate may be filed in a Soldier’s records for recognition and historical purposes. DISCUSSION: 1. The applicant's foreign service in Korea from January 1968 to February 1969, is qualifying service for award of the Korea Defense Service Medal and the Armed Forces Expeditionary Medal. These awards are not listed on his DD Form 214. 2. He was previously awarded the Vietnam Service Medal and his record confirms that he participated in four campaigns. He is authorized four bronze service stars for wear on his previously-awarded Vietnam Service Medal. 3. GO awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award is not on his DD Form 214. 4. The applicant contends his DD Form 214 should be corrected to show the Imjin Scout Certificate. Notwithstanding the fact that there is no evidence that shows he was awarded this certificate, the Imjin Scout Certificate is not authorized for entry on military personnel records. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019183 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019183 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2