IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080010174 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show his eligibility for the Armed Forces Expeditionary Medal (AFEM), Expert Marksmanship Qualification Badge with Rifle Bar, overseas service bars, service stripes, and any other awards he is eligible for based on his service in Korea.

2.  The applicant states, in effect, that he is authorized the AFEM based on his service in Korea in the demilitarized zone during a period of armed conflict.

3.  The applicant provides his separation document (DD Form 214) and two pages of his Enlisted Qualification Record (DA Form 20) 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 records shows he was inducted into the Army of the United States and entered active duty on 23 June 1966, and was trained in, awarded, and served in military occupational specialty (MOS) 12B (Combat Engineer).

3.  The applicant's DA Form 20 shows he served in the Republic of Korea from 9 November 1966 through 8 December 1967.  Item 38 (Record of Assignments) shows that during his tour in the Republic of Korea, he was assigned to Company B, 2d Engineer Battalion, 2d Infantry Division, performing duties in MOS 12B as a combat engineer.  Item 41 (Awards and Decorations) shows that his last rifle qualification was Expert with Rifle M-14 in April 1968.

4.  The applicant's record shows that he was honorably released from active duty (REFRAD) on 15 May 1968.  The DD Form 214 he was issued at the time confirms he completed a total of 1 year, 10 months, and 23 days of active military service.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the Army Good Conduct Medal, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-12 of the awards regulation contains guidance on the AFEM.  It 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.  The AFEM is authorized for service in the Korea for the period 1 October 1966 through 30 June 1974.

7.  Paragraph 2-20 of the awards regulation contains guidance on award of the Korea Defense Service Medal (KDSM).  It states, in pertinent part, that the KDSM is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.

8.  Paragraph 8-47 of the awards regulation contains guidance on basic marksmanship qualification badges.  It states, in pertinent part, that a basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for wearing all personal (clothing bag issue), optional, and commonly-worn organizational Army uniforms.  It also prescribes the awards, insignia, and accouterments authorized for wear on the uniform and how these items are worn.  General information is also provided on the authorized material, design, and uniform quality control system.  Paragraph 
28-27 contains guidance on service stripes and states, in pertinent part, that one service stripe is authorized for wear on Army dress uniforms for each 3 years of honorable active duty service.  Paragraph 28-28 provides guidance on overseas service bars and states, in pertinent part, that one overseas service bar is authorized for wear on Army dress uniforms for 6 months of service completed in a designated hostile fire area.  Overseas service bars were not authorized for Korea during the period during which the applicant served. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible to receive the AFEM based on his service in Korea was carefully considered and found to have merit.  By regulation, the AFEM was authorized for service in Korea during the period from 1 October 1966 through 30 June 1974.  The evidence of record confirms the applicant served in Korea from 9 November 1966 through 8 December 1967.  As a result, he is eligible for the AFEM and it should be added to his record and separation document at this time.  In addition, by regulation the KDSM is authorized for service in Korea between 28 July 1954 and a date to be determined.  Therefore, the applicant is also eligible for this award based on his service in Korea and it also should be added to his record and separation document at this time.

2.  By regulation, the basic marksmanship qualification badge awarded will indicate the qualification last attained with the respective weapon.  In this case, the record confirms the only weapon the applicant qualified with while on active duty was the M-14 rifle and that the last qualification he attained with this weapon was expert, which is the marksmanship qualification badge appropriately listed on his DD Form 214.  As a result, there is no basis to add additional marksmanship qualification badges to his record and separation document at this time.

3.  By regulation, service stripes and overseas service bars are items of wear on the uniform and are not official Army awards that are authorized to be added to the DD Form 214.  The evidence of record confirms the applicant completed less than 3 years of service and that overseas service bars were not authorized for Korea during the period he served there.  As a result, he was not authorized these items for wear on his uniform while he was on active duty and, even if he were, they would not be entered on his separation document.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

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 Armed Forces Expeditionary Medal and Korea Defense Service Medal to item 24 of his DD Form 214 and by providing him a correction to his separation document that includes these changes.

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 adding marksmanship qualification badges, overseas service bars and/or service stripes to his record and DD Form 214.



      _________x________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080016897



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ABCMR Record of Proceedings (cont)                                         AR20080010174



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