RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  07 February 2008
	DOCKET NUMBER:  AR20070013246 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Rose M. Lys

Member

Mr. Qawiy A. Sabree

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 records be corrected to show the awards of the Armed Forces Expeditionary Medal (AFEM), Korea Defense Service Medal (KDSM), and the Army Good Conduct Medal (AGCM).

2.  The applicant states that when he was discharged from the military the AFEM, KDSM, and the AGCM was not recorded on off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He would like to have these awards added to his new DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a letter from his state representative, a letter from the National Personnel Records Center, and a DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he was inducted into the Army of the United States on 19 April 1965.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

3.  He served with Headquarters and Headquarters Company (HHC),  
1st Battalion, 73rd Armor, 7th Infantry Division in the Republic of Korea during the period 21 October 1965 to 12 November 1966.

4.  His military service records show that he received conduct and efficiency ratings of excellent during his military service.  He received an honorable discharge from active duty on 18 April 1967 after serving 2 years of active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal.  However, it does not show the AFEM, KDSM, and AGCM.

6. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the AFEM 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.  One of the areas of operation designated for the AFEM was the Republic of Korea during the period 1 October 1966 to 30 June 1974. 

7.  Army Regulation 600-8-22 (Military Awards) states that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was separated, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

9.  Headquarters, 3rd Training Brigade (BCT) Special Orders Number 99 dated  
8 June 1965 shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the award of the AFEM, KDSM, and AGCM.

2.  Evidence shows that the applicant served in the Republic of Korea during the period 21 October 1965 to 12 November 1966.  Therefore, he is entitled to correction of his records to show the AFEM and KDSM.

3.  Records show he is entitled to the first award of the Army Good Conduct Medal for the period 19 April 1965 to 18 April 1967 based on completion of a period of qualifying service of 2 years ending with the termination of a period of Federal military service.  He received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show this award.

4.  Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__WDP__  __RML__  __QAS__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 24 of his DD Form 214 the AFEM, KDSM, Army Good Conduct Medal first award for the period 19 April 1965 to 18 April 1967, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.




____William D. Powers_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080207
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.