RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050005141


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 correction of his records to show award of the
Korea Defense Service Medal and the Armed Forces Expeditionary Medal.

2.  The applicant states, in effect, that he is qualified for the above
awards for his service in Korea.

3.  The applicant provides a DD Form 214 (Report of Separation from Active
Duty) with the ending period 17 April 1975; Headquarters, 6th Personnel and
Administration Battalion Special Orders Number 153, dated 2 June 1974;
Headquarters, 6th Personnel and Administration Battalion Special Orders
Number 343, dated 9 December 1974; and a DA Form 2496 (Disposition Form),
dated 25 March 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 April 1974.  The application submitted in this case is dated
23 March 2005.

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 applicant enlisted in the Regular Army on 22 October 1970 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11C (Indirect Fire Crewman).

4.  The applicant arrived in Korea and was assigned to A Battery, 44th Air
Defense Artillery on 28 May 1974.  He departed Korea on 16 April 1975.

5.  On 17 April 1975, the applicant was honorably released from active duty
and transferred to the United States Army Reserve after completing 4 years,
5 months, and 26 days of creditable active service.

6.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Army Good Conduct Medal, and the Sharpshooter
Marksmanship Qualification Badge (Rifle).
7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Armed Forces Expeditionary Medal for qualifying service
after 1 July 1958 in U.S. military operations, U.S. operations in direct
support of the United Nations, and U.S. operations of assistance to
friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation or
to serve in the area of operations for 30 days, or to be engaged in direct
support of the operation for 30 consecutive or 60 nonconsecutive days
provided this support involves entering the area of operations.  The
regulation also provides that the Armed Forces Expeditionary Medal may be
awarded if the individual served the full period in cases when the
operation is less than 30 days in duration, if the individual is engaged in
actual combat with armed opposition regardless of the period of service, if
the individual participates as a member of an aircraft flying in support of
the operation, or if the individual is recommended (or attached to a unit
recommended) for award of the medal if the above criteria have not been
met.  The designated military operations and dates of eligibility for this
award are specified in Army Regulation 600-8-22.  The governing regulation
for award of the Armed Forces Expeditionary Medal shows that it was awarded
for service in Korea during the period 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant met the eligibility criteria for award of Armed Forces
Expeditionary Medal and the Korea Defense Service Medal.  These awards
should be added to his DD Form 214.




2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1967.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 March 1970.  However, the applicant has provided evidence to show that
it would be in the best interest of justice to excuse his failure to timely
file within the 3-year statute of limitations.

BOARD VOTE:

__TSK_ _  __ RLD  _  __JBM __  GRANT FULL 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 amending his DD Form 214 with the
ending period
17 April 1975 to add the Armed Forces Expeditionary Medal and the Korea
Defense Service Medal.




                                  ___ Mr. Ted S. Kanamine ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005141                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 December 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0072.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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