RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20040011653


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 that the dates of his award of the Armed Forces
Expeditionary Medal be corrected and that he be awarded the Korea Defense
Service Medal.

2.  The applicant states a 1993 correction to his DD Form 214 incorrectly
shows his dates of service in Korea as 1 October 1966 through 30 August
1974 and that he has recently learned he is entitled to award of the Korea
Defense Service Medal.

3.  The applicant provides a copy of a 22 February 1993 DD Form 215
(Correction to DD Form 214) and an article from the Veterans of Foreign
Wars (VFW) Magazine.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 February 1993, date the DD Form 215 was issued.  The
application submitted in this case is dated 16 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 limitations 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 available record is incomplete in that it contains very few
documents covering the applicant's first period of service.

4.  The applicant's records show he entered onto active duty on 1 March
1971 and reenlisted on 12 January 1973.

5.  The 11 January 1973 DD Form 214 (Report of Transfer or Discharge) lists
his awards as the National Defense Service Medal.  It indicates he served 1
year and 27 days in Korea.

6.  A 16 May 1979 DD Form 214 (Report of Separation from Active Duty) lists
his awards as the Sharpshooter Badge with Pistol Bar and two Expert Badges
with Rifle Bar, one for qualification on the M-14 and one for qualification
on the M-16.

7.  A 31 July 1981 Standard Form 85 (Data for Nonsensitive or Noncritical
Sensitive Position) shows that the applicant was living in Korea from
September 1971 through January 1973.

8.  In January 1992 the applicant requested that his records be corrected
to reflect all of his awards on one DD Form 214.

9.  The copy of the DD Form 215 provided by the applicant contains the
dates "10/01/66-08/30/74" after the Armed Forces Expeditionary Medal
(Korea) and the signature of the authorizing officer appears to differ from
the signature on the copy in the official record.

10.  A DD Form 215, dated 22 February 1993, was issued adding the National
Defense Service Medal and the Armed Forces Expeditionary Medal (Korea) to
authorized awards listed on the 16 May 1979 DD Form 214.  The copy of this
form in the official record does not contain the dates in question.

11.  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.

12.  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.  Entries of awards on the DD Form 214 do not and never have included any
dates of service.  The official copy of the DD Form 215 is correct and no
correction to this document is warranted.  As a courtesy, a copy of the
official DD Form 215 should be forwarded to the applicant for his records.

2.  The applicant served during a period for which the Korea Defense
Service Medal is authorized.  Therefore, his records should be corrected to
reflect this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LCB__  __CD  ___  _MDM __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 awarding the applicant
the Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the correction of the dates of service for award of the Armed Forces
Expeditionary Medal on the DD Form 215 provided by the applicant.



                            __      Mark D. Manning________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011653                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | . . . . .                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |  GRANT Partial                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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