RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2004
      DOCKET NUMBER:  AR20040011557


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Armed Forces Expeditionary Medal
and the Korea Defense Service Medal.

2.  The applicant states, in effect, that authorization for issuance of the
Armed Forces Expeditionary Medal and the Korea Defense Service Medal for
his service in Korea from "1966 - 1967" was adopted after he was discharged
from Active Duty.

3.  The applicant provides no documents in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 14 June 1968, the date of his separation from Active Duty.  The
application submitted in this case is dated 13 December 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) with an effective date of 14 June 1968, shows the
applicant entered active duty on 16 June 1966.  The applicant was awarded a
military occupational specialty (MOS) 11B20 (Light Weapons Infantryman).
This form also shows that he was assigned to Company C, 1st Battalion, 9th
Infantry of the 2d Infantry Division, during his period of service in Korea
from 3 November 1966 through 2 December 1967.  The applicant was honorably
discharged from active duty on 14 June 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form
214 shows that he was authorized the National Defense Service Medal.  It
does not show the award of the Armed Forces Expeditionary Medal or the
Korea Defense Service Medal.


5.  Item 41 (Awards and Decorations) of the applicant's DA Form
20 (Enlisted Qualification Record) does not show award of the Armed Forces
Expeditionary Medal or the Korea Defense Service Medal.  However, item 41
also shows that the applicant was authorized award of the Marksman
Marksmanship Qualification Badge with Rifle Bar, which is not shown on his
DD Form 214.

6.  The applicant's records contain 2d Infantry Division Special Orders
Number 1265, dated 22 September 1967, which awarded the applicant the
Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants 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 participated in operations or in direct
support of operations for 30 consecutive or 60 nonconsecutive days.  The
designated military operations and dates of eligibility for award of the
Armed Forces Expeditionary Medal are specified in Army Regulation 600-8-22.
 This regulation shows that the Armed Forces Expeditionary Medal was
authorized for participation in Korea from 1 October 1966 to 30 June 1974.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July
1954 through a future date to be determined by the Secretary of Defense;
b) the area of eligibility encompasses all land area of the Republic of
Korea, and the contiguous water out to 12 nautical miles, and all air
spaces above the land and water areas;  c) service members must have been
mobilized with units or assigned or attached to units operating in the area
of eligibility and have been physically deployed in the area of eligibility
for 30 consecutive or 60 non-consecutive days.

9.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Armed Forces
Expeditionary Medal for his service in Korea.

2.  The applicant's personnel service records show that the applicant
served in Korea from 3 November 1966 through 2 December 1967, during a
period of qualifying service for award of the Armed Forces Expeditionary
Medal.  Therefore, he is entitled to correction of his DD Form 214 to show
this award.

3.  2d Infantry Division Special Orders Number 1265, dated 22 September
1967, shows the applicant was awarded the Marksman Marksmanship
Qualification Badge with Rifle Bar.  Therefore, the applicant is entitled
to have his DD Form 214 corrected to show this badge.

4.  The applicant's Enlisted Record Brief contains evidence which shows
that he served and has met the period of qualifying service in Korea for
award of the Korea Defense Service Medal.  Therefore, he is entitled to
correction of his DD Form 214 to show this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 June 1968, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 136 September 1971.
Although the applicant filed within the ABCMR's three year statute of
limitations, it would be appropriate to waive failure to timely file based
on the relief being granted.

BOARD VOTE:

_RJW____  _RR____  _JEV___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Armed Forces
Expeditionary Medal, the Marksman Marksmanship Qualification Badge with
Rifle Bar and the Korea Defense Service Medal.
.




            _James E. Vick__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011557                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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