APPLICANT REQUESTS:  That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Armed Forces Expeditionary Medal (AFEM), the Overseas Service Ribbon, the Army Service Ribbon, the Driver’s Badge and the Multinational Force and Observers Medal.  He states that because of his active duty service, he is entitled to these awards.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 28 October 1958 and received training as a field communications crewman.  He was honorably discharged at the completion of his term of service on 8 May 1962.  His record shows that he was awarded the Marksman Badge with rifle bar, the Expert Badge with carbine bar and the NDSM.

His military service record reflects that he served 1 year, 1 month and 8 days in Korea during the period 6 November 1959 to 14 December 1960.  There is no evidence in the file to indicate that he was recommended for or received an award other than those mentioned above. 

Army Regulation 600-8-22, Military Awards, provides Department of the Army policy, criteria and administrative instructions concerning individual military awards, to include the acceptance of foreign awards.  The following has been extracted from that regulation concerning awards pertinent to this case:

The AFEM was authorized for US military operations, US operations in direct support of the United Nations, and US operations of assistance for friendly foreign nations.  It was awarded to members who served in Korea from 1 October 1966 to 30 June 1974.

The Overseas Service Ribbon and the Army Service Ribbon were established on 10 April 1981.  They may be awarded retroactively to personnel who completed a normal overseas tour of duty or the required initial training before 1 August 1981 provided the individual had an active Army status on or after 1 August 1981.

The Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles.  To be eligible for the Drivers Badge a soldier must occupy a duty position with the title of driver of Army vehicles for 12 consecutive months or at least 8000 miles and had no motor vehicle accident or traffic violation, and performed satisfactorily for a minimum period of 1 year as an active qualified driver instructor or motor vehicle driver examiner.

The Multinational Force and Observers Medal was accepted for the US Armed Forces and Department of Defense personnel by the President on 28 July 1982.  To qualify for the award personnel must have served with the multinational force of observers at least 90 cumulative days after 3 August 1981.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 8 May 1962, the date of his separation.  The time for the applicant to file a request for correction of any error or injustice expired on 8 May 1965.

The application is dated 18 January 1994 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		Karl F. Schneider
		Acting Director