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 Drivers 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
ARMY | BCMR | CY2009 | 20090007907
Records show that the applicant served during a qualifying period for award of the Korea Defense Service Medal. Records show that the applicant was awarded an MOS as a wheel vehicle mechanic and served as a mechanic for more than a year while in the Republic of Korea. Therefore, there is insufficient evidence to grant the applicant's request for award of the Driver and Mechanic Badge with Mechanic Bar.
ARMY | BCMR | CY2015 | 20150002917
It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. One OS Bar is authorized for each 6-month period of active Federal service as a member of a U.S. Service in Korea, between 27 June 1950 and 27 July 1954. Credit toward an OS Bar is authorized for each...
ARMY | BCMR | CY2013 | 20130014901
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) * Kuwait Liberation Medal awarded by the Government of Saudi Arabia (KLM-SA) * Combat Infantryman Badge (CIB) * Driver and Mechanic Badge * Master Parachutist Badge 2. The Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in...
ARMY | BCMR | CY2014 | 20140008104
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: a. show he completed his high school GED; b. show he was advanced to the rank/grade of sergeant first class (SFC)/E-7; c. show awards of the Army Good Conduct Medal, National Defense Service Medal, Armed Forces Service Medal, Overseas Service [Ribbon], Army Service [Ribbon], American Defense Service Medal, and Army Reserve Components Achievement...
ARMY | BCMR | CY2013 | 20130020247
The applicant requests correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show he completed mechanic training and that he was awarded the Army Good Conduct Medal, Driver and Mechanic Badge, and Marksmanship Qualification Badge with Carbine and (M-1 and M-14) Rifle Bars. There is no evidence of record that shows the applicant completed mechanic training. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100009527
Application for correction of military records (with supporting documents provided, if any). The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. c. The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of U.S military units in a U.S military operation...
ARMY | BCMR | CY2010 | 20100022682
Army Regulation 600-8-22 (Military Awards) provides for award of the Driver and Mechanic Badge. _________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) AR20100022682 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100022682 4 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2011 | 20120000706
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 to show three awards of the Army Commendation Medal (ARCOM). The evidence of record indicated the awards shown on his DD Form 214 do not match the awards shown on his DA Form 2-1.
ARMY | BCMR | CY2009 | 20090011452
The applicant requests correction of his records to show his award of the Multinational Force and Observers (MFO) Medal. Although there are no documents in the applicant's records to show that he was awarded the MFO Medal, his records do show that he served in the Sinai as an MFO during the qualifying period for award of the MFO Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214...
ARMY | BCMR | CY2012 | 20120020887
In addition he requests the following awards be added to his DD Form 214: * Overseas Service Ribbon * Southwest Asia Service Medal * Driver and Mechanic Badge with W Bar (for wheeled vehicles) * Air Assault Badge * Korea Defense Service Medal (Maine Air National Guard) 2. In addition, he requests the Overseas Service Ribbon, Southwest Asia Service Medal, Driver and Mechanic Badge with W Bar, and the Air Assault Badge be added to his DD Form 214. His record shows that he completed one...