RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070015901


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, in effect, that his record be corrected to show
his entitlement to the National Defense Service Medal (NDSM); Korean
Defense Service Medal; and the Armed Forces Expeditionary Medal.

2.  The applicant states, in effect, that the National Personnel Records
Center (NPRC) has verified his service in Korea and entitlement to the
KDSM.  He further states that he believes that based on the dates of his
active duty service, he should be entitled to the NDSM, and that his active
duty service during the Cuban Missile Crisis and Berlin Crisis should
entitle him to the AFEM.

3.  The applicant provides a self-authored statement; separation document
(DD Form 214); and NPRC Letter, dated 12 October 2007, in support of his
application.

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 record shows that he enlisted in the Regular Army and
entered active duty on 8 July 1960.  He was trained in and awarded military
occupational specialty (MOS) 298.20 (Missile Monitor/Equipment Repairer),
and specialist four (SP4) was the highest rank he attained while serving on
active duty.

3.  The applicant's Service Record (DA Form 24) shows, in Section 5
(Service Outside the Continental United States), that the applicant
departed the United States on 13 June 1962 and arrived in Korea on 18 June
1962.  His Enlisted Qualification Record (DA Form 20) shows, in item 29
(Foreign Service) that he served in Korea from 13 June 1962 through 7 June
1963.  His record documents no other overseas service.

4.  On 26 June 1963, the applicant was honorably released from active duty
after completing 2 years, 11 months, and 19 days of active military
service.  The DD Form 214 he was issued shows he completed 1 year and 14
days of overseas service in the United States Army Pacific (USARPAC).  Item
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) shows that he earned the Expert Marksmanship
Qualification Badge with Rifle Bar during his active duty tenure.

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-10 contains guidance on award of the NDSM.  It states,
in pertinent part, that it is awarded for honorable active service for any
period between 1 January 1961 and 14 August 1974.

6.  Paragraph 2-12 of the awards regulation contains guidance on award of
the AFEM.  It states, in pertinent part, that the AFEM may be authorized
for United States Military Operations, United States Operations in direct
support of the United Nations, and United States Operations of assistance
for friendly foreign nations.  In order to qualify for the award, service
members must be bona fide members of a unit participating in or be engaged
in the direct support of the operation for 30 consecutive days in the area
of operations (or for the full period when an operation is less than 30
days duration) or for 60 nonconsecutive days provided this support involved
entering the area of operations.  The AFEM was authorized for members
meeting the criteria for Berlin between 14 August 1961 and 1 June 1963 and
for Cuba from 24 October 1962 to 1 June 1963.

7.  Paragraph 2-20 of the awards regulation contains guidance on award of
the KDSM.  It states, in pertinent part, that it is authorized for 30
consecutive or 60 non-consecutive days of service in Korea between 28 July
1954 and a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the NDSM and KDSM was
carefully considered and found to have merit.  By regulation, the NDSM is
authorized to any member who performed honorable active duty service
between 1 January 1961 and 14 August 1974; and the KDSM is authorized for
30 consecutive days of service in Korea performed on or after 28 July 1954.
 The evidence of record confirms the period of the applicant's honorable
active duty service entitles him to the NDSM, and that his service in Korea
between 1962 and 1963 entitles him to the KDSM.  Therefore, it would be
appropriate to correct his record and separation document accordingly.
2.  The applicant's contention that he is entitled to the AFEM because he
served during the Berlin crisis and Cuban Missile crisis was also carefully
considered.  However, by regulation, in order to qualify for the AFEM for
Berlin and/or Cuba, there must be evidence that the applicant was a bona
fide member of a unit participating in or be engaged in the direct support
of the operation for 30 consecutive days in the area of operations (or for
the full period when an operation is less than 30 days duration) or for 60
nonconsecutive days provided this support involved entering the area of
operations.  The applicant's record gives no indication that he was a
member of a unit that participated in or served in direct support of either
the Berlin or Cuba operations.  As a result, there is an insufficient
evidentiary basis to support granting this portion of the requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MDM_  __JCR __  __RCH _  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending his 26 June 1963 DD Form 214 by adding
the National Defense Service Medal and Korea Defense Service Medal to the
list of awards contained in Item 26; and by providing him a correction to
his separation document that includes these awards.

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
entitlement to the Armed Forces Expeditionary Medal.



                                  _____Mark D. Manning_____
                                             CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070015901                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1963/06/26                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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