ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 June 2019 DOCKET NUMBER: AR20190004603 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 8 February 1985 to show the Army Commendation Medal, the Korea Defense Service Medal, and the Imjin Scout Insignia. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DA Form 4980-14 (The Army Commendation Medal Certificate) • DA Form 638 (Recommendation for Award) • The Imjin Scout Insignia Certificate, covering the period 24 September 1982 to 6 December 1982 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 Board will not consider the portion of the applicant's request that relates to adding the Army Commendation Medal and the Korea Defense Service Medal on his DD Form 214 as these contentions will be addressed through an administrative correction. 3. The applicant states the awards and medals are not listed on his DD Form 214 and should be. 4. The applicant enlisted in the Regular Army on 9 February 1982. He completed initial entry training and was awarded military occupational specialty 11B (Infantryman). 5. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in the Republic of Korea from on or about 31 May 1982 through on or about 7 May 1983. He was assigned to Company A, 1st Battalion, 38th Infantry Regiment, 2d Infantry Division. ABCMR Record of Proceedings (cont) 6. The applicant provides a certificate entitled, "The Imjin Scout Insignia" that was presented to him for commendable service in the defense of freedom along the demilitarize zone (DMZ) in Korea. It shows he was assigned to Company A, 1st Battalion, 38th Infantry, covering the period 24 September 1982 to 6 December 1982. 7. Army Regulation 600-8-22 (Military Awards) does not show the Imjin Scout Insignia as an authorized Army award for inclusion on the DD Form 214. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the recommendation for administrative corrections and concurs with the correction in Administrative Note(s) below. The Board further discussed regulatory guidance as it pertains to the Imjin Scout Badge and determined it was not an award authorized for inclusion on the DD Form 214. 2. After reviewing the application and all supporting documents, the Board found, with the exception of the administrative corrections, that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION ABCMR Record of Proceedings (cont) BOARD DETERMINATION/RECOMMENDATION: With the exception of the corrections annotated in the administrative notes below the signature, the Board determined 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 otherwise insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): The following orders, documents, and regulatory cites are sufficient to make the following administrative corrections to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) by adding the "Army Commendation Medal" and the "Korea Defense Service Medal" to the applicant's DD Form 214 for the period ending on 8 February 1985 without action by the Board: • Permanent Order 123-34, issued by Headquarters, 2d Infantry Division on 8 June 1983, which awarded him the Army Commendation Medal • DA Form 2-1 (Personnel Qualification Record – Part II) • Army Regulation 600-8-22 (Military Awards), paragraph 2-22 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 (AR) 600-8-22, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It contains no provision for award of the Imjin Scout Insignia to be documented on the DD Form 214. ABCMR Record of Proceedings (cont) 3. The 2d 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. AR20190004603 AR20190004603 1 3 1