ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2019 DOCKET NUMBER: AR20160019284 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards and any other awards he may be authorized: * Army Good Conduct Medal * Overseas Service Medal (i.e., Overseas Service Ribbon) * Korean Service Medal * Combat Infantryman Badge (CIB) * Expert Marksmanship Qualification Badge with Mortar Bar * Drill Sergeant Badge * Imjin Scout Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter, dated 14 October 2016 * Special Orders Number 131, dated 27 June 1968 * Drill Sergeant Training Certificate, dated 16 November 1968 * Special Orders Number 328, dated 24 November 1960 * General Orders Number 44, dated 20 February 1970 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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's request to add the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Mortar Bar, and Drill Sergeant Badge to his DD Form 214 is supported by sufficient evidence. Also, he did not serve during a period of eligibility for the Korean Service Medal (eligibility end date 27 July 1954), but he is authorized the Korea Defense Service Medal. These awards will be administratively corrected and not considered by the Board. The Board will consider correction of his DD Form 214 to show the Overseas Service Ribbon, CIB, and the Imjin Scout Badge. 3. The applicant states at the time of out-processing it was very hectic, and he did not look closely at his DD Form 214. 4. On 15 March 1970, he was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman). He was assigned to duty with an infantry unit in Korea from 3 June 1969 to 5 March 1970. 5. The available records are void of documentation showing the applicant participated in active ground combat during his service in Korea. 6. On 7 March 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the Armed Forces Expeditionary Medal, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar. 7. The available records do not show that he completed any Active Army service after his release from active duty. 8. The Imjin Scout Badge is a locally produced badge that was used to recognize certain types of service in Korea. The regulation governing preparation of the DD Form 214 then in effect did not provide of recording locally produced and authorized badges on the DD Form 214. 9. Army Regulation 600-8-22 (Military Awards) states: a. For award of the CIB, a Soldier must meet the following three requirements: be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. The CIB may be awarded to Soldiers serving in Korea who meet the criterial on or after 29 July 1953. b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Soldiers for successful completion of overseas tours. Effective 1 August 1981, all members of the Active Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. Based upon the documentary evidence presented by the applicant or found within the military service record, the Board concluded evidence supports that the following awards should be awarded and added to the applicant’s DD Form 214: * Army Good Conduct Medal * Drill Sergeant Badge * Expert Marksmanship Qualification Badge with Mortar Bar The Board found that the documentary evidence available failed to show that the applicant participated in ground combat, so the portion of the applicant’s request relating to the Korea Service Medal was recommended for denial. However, because of the military service noted in the record that the applicant served in Korea, the Board did recommend awarding and adding the Korean Defense Service Medal. The Board recommended denying the applicant’s request for an Overseas Service Ribbon. Although the record showed the applicant served in Korea, based upon the regulatory guidance outlined above in paragraph 9b, the applicant fails to meet the eligibility requirements for the award. Finally, the Board recommended denying the portion of the applicant’s request relating to the Imjin Scout Badge because it is a local award and, based upon regulatory guidance outlined in paragraph 8 above, local awards are not proper for reflecting on a DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding the following awards to the applicant’s DD Form 214: * Army Good Conduct Medal * Drill Sergeant Badge * Expert Marksmanship Qualification Badge with Mortar Bar * Korean 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 the Overseas Service Ribbon and the Imin Scout Badge. 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. 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 Army Board for Correction of Military Records (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) states: a. For award of the CIB, a Soldier must meet the following three requirements: be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. The CIB may be awarded to Soldiers serving in Korea who meet the criterial on or after 29 July 1953. b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Soldiers for successful completion of overseas tours. Effective 1 August 1981, all members of the Active Army, Army National Guard, and U.S. Army Reserve in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status as defined above on or after 1 August 1981. 3. Army Regulation 635-5 (Separation Documents), then in effect, provided instructions for completing the DD Form 214. The regulation did not provide for recorded locally produced and authorized badges on the DD Form 214. ABCMR Record of Proceedings (cont) AR20160019284 0 3 1