RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2008
DOCKET NUMBER: AR20070018802
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.
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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) for his service in Korea from 21 May 1974 through 21 May 1975. He also requests, in effect, a service ribbon for his overseas service in Germany from 16 March 1978 through 3 April 1981.
2. The applicant states that he was discharged days after he arrived at Fort Jackson, South Carolina from Germany.
3. The applicant provides no additional documents 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 applicants 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 applicants 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 22 November 1972 for a period of three years. Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 36C (lineman).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows he was assigned to Korea on 22 May 1974 with the 82nd Signal Detachment.
4. The applicant was honorably discharged on 24 April 1975 for the purpose of reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 April 1975 shows the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
5. While assigned in Korea, the applicant reenlisted on 25 April 1975 for a period four years.
6. The applicant departed Korea on 15 May 1975 and he was reassigned to the continental United States.
7. The applicant was honorably discharged on 3 October 1977 for immediate reenlistment. His DD Form 214 for the period ending 3 October 1977 shows the National Defense Service Medal and the Good Conduct Medal as authorized awards.
8. On 4 October 1977, the applicant reenlisted for a period of three years. He later extended his enlistment for a period of six months.
9. His Personnel Qualification Record shows he completed an overseas tour in Germany from 16 March 1978 through 4 February 1981.
10. The applicant was honorably discharged from active duty on 3 April 1981. His DD Form 214 for the period ending 3 April 1981 shows the National Defense Service Medal, the Good Conduct Medal (Second Award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
11. A DD Form 215 (Correction to DD Form 214), dated 6 May 2005, added award of the Korea Defense Service Medal to the applicants DD Form 214 for the period ending 24 April 1975.
12. 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. Paragraph 2-13d specifically provides that individuals qualified for the AFEM for service in Korea from 1 October 1966 to 30 June 1974.
13. Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Korea from 22 May 1974 through 15 May 1975. Therefore, he is eligible for award of the AFEM and correction of his DD Form 214 for the period ending 3 April 1981 to show this award.
2. The applicant completed a normal overseas tour in Germany 16 March 1978 through 4 February 1981. However, he did not have an active status on or after 1 August 1981. Therefore, he is not eligible for award of the Overseas Service Ribbon.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
x______ x______ x______ 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 adding the AFEM to his DD Form 214 for the period ending 3 April 1981.
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 a service ribbon for his service in Germany.
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