RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050017920


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 his January 1968 separation document be
corrected to show entitlement to the Armed Forces Expeditionary Medal and
the Korea Defense Service Medal.

2.  The applicant states, in effect, he recently became aware of the two
decorations and notes that he should have been awarded the Armed Forces
Expeditionary Medal at the time of his discharge in 1968.  He states he was
a member of a unit engaged in the operation after 1 October 1966 and served
for more than 30 days in Korea.

3.  He also cites the provision of the Department of Defense Manual of
Military Decorations and Awards (DOD 1348-33-M) as evidence of his
entitlement to the Armed Forces Expeditionary Medal.  He notes it states
that regarding the “degree of participation in the operation” is described
as service members being a bona fide member of a unit engaged in the
operation or meet one of several other criteria.  He states he was a bona
fide member of the 11th Engineer Battalion “a unit engaged in the
operation” after 1 October 1966 and that recent messages announcing
subsequent entitlement to the Armed Forces Expeditionary Medal who were
bona fide members of a unit participating for one or more days in OJE and
OJG (Operations Joint Endeavor and Joint Guard), recognized the correct
interpretation of the DOD manual.

4.  The applicant provides evidence of his service in Korea, including a
Letter of Commendation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 January 1968.  The application submitted in this case
is dated
9 December 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.  Records available to the Board indicate the applicant entered active
duty on
8 February 1965 and arrived in Korea on 11 August 1965 where he was
assigned to the 11th Engineer Battalion.  He remained with that
organization until 10 October 1966 when he returned to the United States.

4.  A 3 October 1966 document contained in his file notes the applicant
authenticated his debriefing certification that day.  His 10 October 1966
Letter of Commendation recognized his performance of duty with the
administrative platoon but made no mention of either the applicant or his
unit’s participation in any designated operations just prior to the
applicant’s departure from Korea.

5.  On 22 January 1968 the applicant was released from active duty under a
provision which permitted the early separation of individuals to return to
school.  His service was characterized as honorably.

6.  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.  Service in Korea in between
1 October 1966 and 30 June 1974 in support of an operation associated with
Treaty Commitment was designated for entitlement to the Armed Forces
Expeditionary Medal.

7.  Although specific information concerning the military operation during
the period 1 October 1966 and 30 June 1974 which resulted in award of the
Armed Forces Expeditionary Medal was not specifically outlined in Army
Regulation 600-8-22 it may have been associated with heightened tensions
along the DMZ (demilitarized zone) in Korea.  Beginning in the fall of
1966, North Korea began pursuing a tougher, more aggressive policy toward
South Korea and the United States.  North Korea landed infiltration teams
inside South Korea and was more aggressive in shooting incidents involving
South Korean fishing vessels and patrol boats.  One of the worst episodes
occurred in the early morning hours of
2 November 1966 while President Lyndon Johnson was staying at a resort near
Seoul, Korea.  North Korean troops charged out of the DMZ, lobbing grenades
and firing submachine guns at close range at an American squad, killing all
but one of the squad members.

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 meets the eligibility requirements for award of the Korea
Defense Service Medal.  His records should be corrected accordingly.

2.  The applicant departed Korea on 10 October 1966, only 9 days after the
beginning date for eligibility for the Armed Forces Expeditionary Medal.
His
3 October 1966 debriefing document suggests the applicant may already have
commenced outprocessing from his unit well before his actual departure
date.  The fact the applicant may have been assigned to a unit which
subsequently gained entitlement to the expeditionary medal by virtue of
having remained in Korea well beyond the 1 October 1966 commencement date
is not evidence the applicant, or his unit were actually engaged in the
operation between 1 October 1966 and the date of the applicant’s departure
from Korea.

3.  The fact that the applicant may have been in Korea for more than 30
days does not qualify him for the expeditionary medal in view of the fact
that his 30 days did not occur after the beginning date of the operation
for the Armed Forces Expeditionary Medal was awarded.

4.  The applicant’s reading of subsequent messages announcing entitlement
to the Armed Forces Expeditionary Medal specified assignment of one or more
days with a unit participating in an operation is noted, however, in the
applicant’s case there continues to be no evidence confirming his unit’s
participation in the operation prior to his departure from the unit.

5.  In the absence of more compelling evidence that the applicant was
assigned to his unit while the unit participated in the operation, for
which the Armed Forces Expeditionary Medal was awarded, there is no basis
to award him the decoration.

6.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement regarding to entitlement to the Armed Forces
Expeditionary Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 January 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 January 1971.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence or argument, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MT __  ___CD __  ___EM  _  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 showing he is entitled
to 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
award of the Armed Forces Expeditionary Medal.




                            _______Marla Troup__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017920                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]