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ARMY | BCMR | CY2007 | 20070016200
Original file (20070016200.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2008
      DOCKET NUMBER:  AR20070016200


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Roland S. Venable             |     |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 award of the Armed Forces Expeditionary Medal
(AFEM).

2.  The applicant states that he believes his service in Korea during the
Vietnam War warrants award of the AFEM.

3.  The applicant provides his DD Form 214.

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 enlisted in the Regular Army on 20 September 1962.  He
served in Korea from 14 September 1964 through 19 August 1965.

3.  The applicant was honorably released from active duty on 20 August
1965.  His DD Form 214 shows he was awarded the 1st Class Missileman Badge
and the Expert Marksmanship Qualification Badge (Rifle M-14).

4.  Army Regulation 600-8-22 (Military Awards) states the AFEM is
authorized for U. S military operations, U. S. operations in direct support
of the United Nations, and U. S. operations of assistance for friendly
foreign nations.  It is awarded for service in Korea from 1 October 1966 to
30 June 1974.

5.  Army Regulation 600-8-22 states the Korea Defense Service Medal is
awarded to service members of the armed forces who 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.  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.
6.  Army Regulation 600-8-2 states the National Defense Service Medal is
awarded for honorable active service for any period between 27 June 1950
and 27 July 1954, both dates inclusive; between 1 January 1961 and 24
August 1974, both dates inclusive; between 2 August 1990 and 30 November
1995, both dates inclusive; and between 11 September 2001 and to a date to
be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not serve in Korea during a period of time the AFEM
was authorized for service in Korea.

2.  The applicant does meet the eligibility criteria for award of the Korea
Defense Service Medal.  He also meets the eligibility criteria for award of
the National Defense Service Medal.  These two awards should be added to
his DD Form 214.

3.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jbg___  __dws___  __rsv___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned by amending his DD Form 214 to add the Korea Defense
Service Medal and the National Defense Service Medal.




                                  __James B. Gunlicks___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016200                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0072                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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