IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100022561 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal and the Armed Forces Expeditionary Medal.  In addition, he requests any and all other awards he may be entitled to.

2.  He states he was just informed he is authorized to wear these awards.

3.  He provides his DD Form 214.

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 30 June 1966 and he successfully completed basic and advanced individual training.  He was awarded military occupational specialty 16D (Hawk Missile Crewman).

3.  The applicant arrived in the Republic of Korea (ROK) on 19 November 1966 and he was assigned to A Battery, 7th Battalion (HAWK), 5th Artillery.

4.  Special Orders Number 82, dated 9 April 1968, issued by Headquarters,
7th Battalion (HAWK), 5th Artillery, awarded the applicant the First Class Missilemen Badge, now known as the Sharpshooter Marksmanship Qualification Badge with Missile Bar.

5.  He departed the ROK on 18 June 1968.  On 19 June 1968, he was honorably released from active duty as an overseas returnee after completing 1 year, 11 months, and 20 days of total service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The governing regulation for award of the Armed Forces Expeditionary Medal shows that it was awarded for service in the ROK during the period 1 October 1966 through 30 June 1974.

8.  Army Regulation 600-8-22 states 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period of service for the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Orders awarded the applicant a badge now known as the Sharpshooter Marksmanship Qualification Badge with Missile Bar.  Therefore, his DD Form 214 should be corrected to show this qualification badge. 

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Missile Bar



      ____________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.

ABCMR Record of Proceedings (cont)                                         AR20100022561



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022561



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1