IN THE CASE OF: BOARD DATE: 27 March 2019 DOCKET NUMBER: AR20170002841 BOARD DETERMINATION/RECOMMENDATION: 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. 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: 27 March 2019 DOCKET NUMBER: AR20170002841 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION w/Note to add an award. 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 March 2019 DOCKET NUMBER: AR20170002841 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge), effective 17 July 1967, to show awards, special skill badges and tabs, and certificates for his service in the Republic of Korea Demilitarized Zone (DMZ). 2. The applicant states that he served on the DMZ in Korea while assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized), 17th Infantry, 7th Infantry Division, 8th Army, Korea, from 1966 through 1967. His duty position was an Infantry (Rifleman) driver and he was attached to Charlie Company, 1st Battalion, 17th Infantry, where he trained and drove for the Reconnaissance platoon. He contends he passed the rappel course after he fractured his left wrist. He received disciplinary action but he was still a good Soldier. He contends First Lieutenant (1LT) XXXX prevented him from receiving his authorized awards and certificates because he was being separated from service and there was not a need for the awards. His personal records were lost but he believes he has suffered enough over the last 50 years and asks the Board for relief to correct the record to reflect that he earned the following awards, tabs, and certificates: * Expert Infantryman Badge * Air Assault Badge * High Mountain Rangers Tab Certificate * Guerrilla Warfare School Certificate * Reconnaissance Certificate * Trainee Leadership School Certificate THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with no supporting document(s). 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlisted Record – Armed Forces of the United States), dated 3 December 1965 * Special Orders Number 59, United States Army Training Center, Infantry, Fort Dix, NJ, dated 28 February 1966 * DA Form 20 (Enlisted Qualification Record) * DA Form 20B (Insert Sheet to DA Form 20) * DD Form 214, effective date 17 July 1967 REFERENCES: 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. 2. Army Regulation 672-5-1 (Awards), then in effect, stated the Expert Infantryman Badge eligibility requirement was an individual must be an infantry officer or enlisted man, or n warrant officer with an infantry MOS who has satisfactorily completed the proficiency tests prescribed by Army regulations while assigned to an infantry unit of brigade or regimental or smaller size, while assigned to or attending a course of instruction at the U.S. Army Infantry School, or while on temporary duty at a testing headquarters for the sole purpose of taking the Expert Infantryman Badge test. 3. Army Regulation 600-8-22 (Military Awards), states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or Special Forces specialty. a. The Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. b. A certificate will be presented with each award of an authorized military decoration. In no case will a commander issue a certificate, indicating award of a military decoration other than on the standard DA certificate for the awarded decoration. c. This regulation does not provide for certificates of training. 4. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Awards and decorations for all periods of service were to be listed in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Each entry must be verified by the Soldier's records. DISCUSSION: 1. While 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. On 3 December 1965, the applicant enlisted in the Regular Army for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 17th Infantry, 7th Infantry Division, United States Army Pacific (USARPAC) in Korea from 11 May 1966 through 12 July 1967. 4. On 17 July 1967, the applicant was discharged from active duty. He completed 1 year, 7 months, and 15 days of active service characterized as under honorable conditions. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal (NDSM), the Expert Marksmanship Qualification Badge with Machine Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. His secondary MOS is listed as 64B (Heavy Vehicle Driver). 5. In regards to his certificate for completion of the Trainee Leadership School, item 16a of his DD Form 214 shows MOS 11B, which indicates he properly completed the required schooling, which includes Trainee Leadership School. 6. Neither the applicant nor his records provide evidence that shows he was authorized or awarded any additional awards, tabs or badges. According to regulation the entry of Awards and decorations for all periods of service were to be listed in the priority sequence specified in AR 600-8-22, which does not provide for certificates of training. NOTE: Prior to closing the case, the Board recommended the applicant’s DD214 be updated to reflect award of the Korean Defense Service Medal. //NOTHING FOLLOWS// ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2