IN THE CASE OF:	  

		BOARD DATE:	        24 March 2009

		DOCKET NUMBER:  AR20080013955 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct Social Security Number (SSN) and to add his Service Number, and award of the Armed Forces Expeditionary Medal. 

2.  The applicant states that his DD Form 214 shows an incorrect SSN and is missing his Service Number.  He also adds that he served in Korea for a period of 18 months and should be eligible for award of the Armed Forces Expeditionary Medal.

3.  The applicant provides a copy of his DD Form 214, dated 28 July 1969; a copy of his SSN card; and a copy of a Social Security Administration printout, dated 8 January 2008, verifying his SSN, in support of his request. 

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 requested correction of his DD Form 214 to show his correct SSN and to add his Service Number.  A review of his records indicates that he was issued a DD Form 215 (Correction to DD Form 214) on 4 November 2008 that corrected his SSN and Service Number.  The applicant was advised by separate correspondence of this action and provided with a copy of the DD Form 215.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 29 July 1966.  He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 94B (Cook).  He was honorably released from active duty on 28 July 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

4.  The applicant’s records further show he served in Korea from on or about 17 December 1966 to on or about 14 June 1968.  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 32nd Infantry.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) of the applicant’s DD Form 214 does not show award of the Armed Forces Expeditionary Medal.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded the Armed Forces Expeditionary Medal.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

8.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in 

which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

9.  Army Regulation 600-8-22 shows that the Armed Forces Expeditionary Medal is authorized for service in Korea from 1 October 1966 through 30 June 1974.

10.  Review of the applicant's records indicates his entitlement to an additional award that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal.  It states, in pertinent part, that the Korea Defense Service Medal 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: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 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.  Service members must have been assigned, attached, or mobilized   to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant served in Korea from on or about 17 December 1966 to on or about 14 June 1968, a qualifying period for award of the Armed Forces Expeditionary Medal, and his DA Form 2-1 shows he was awarded the Armed Forces Expeditionary Medal.  Therefore, there is sufficient evidence to show he was awarded the Armed Forces Expeditionary Medal and is entitled to correction of his DD Form 214 to show this award.  Additionally, he served a qualifying period of service in Korea for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  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 adding to item 24 of his DD Form 214 the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.


															XXX
      ______________________
               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)                                         AR20080013955



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ABCMR Record of Proceedings (cont)                                         AR20080013955



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