IN THE CASE OF:	  

		BOARD DATE:	        3 February 2009

		DOCKET NUMBER:  AR20080017706 


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 award of the Vietnam-era Armed Forces Expeditionary Medal and any other awards and decorations he may have earned. 

2.  The applicant states that he served in Korea during the Vietnam-era and received combat pay for several months while on active duty.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 27 June 1970, and a copy of his name change judgment, dated 9 February 1993, 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's records show he was inducted into the Army of the United States on 16 September 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 95B (Military Police).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 27 June 1970.  The highest rank/grade he attained during this period of military service was private first class/E-3.

3.  The applicant's records further show that he served in Korea from 28 May 1969 to 27 June 1970.  He was assigned to 2nd Military Police Company.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Item 30 (Remarks) of the applicant’s DD Form 214 shows he did not perform any service in Vietnam.

6.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation 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.  No more than one medal will be awarded to any one service member.  For each succeeding operation, conducted in a different theater of operations or against a different enemy/armed force, justifying a subsequent award, a bronze service star is worn on the suspension and service ribbon of the medal.

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

8.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he received an excellent conduct and efficiency rating throughout his military service.

9.  Army Regulation 672-5- (Military Awards) in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Army Regulation 600-8-22 states 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 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 area.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Award of the Korea Defense Service Medal for this time period is a one-time exception to policy to comply with Public Law 107-314.  Only one award of the Korea Defense Service Medal is authorized for any individual.  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, or meet the following criteria:  

	a.  Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility,  

	b.  Wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or 

	c.  Participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Armed Forces Expeditionary Medal, the applicant was awarded the Armed Forces Expeditionary Medal for his service in Korea.  Only one award of the Armed Forces Expeditionary Medal is authorized.  For each succeeding operation, conducted in a different theater of operations or against a different enemy/armed force, justifying a subsequent award, a bronze service star is authorized.  However, there is no evidence that the applicant served in Vietnam or that he was a bona fide member of a unit participating in, or was engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Therefore, the applicant does not meet the criteria for award of a bronze service star to be affixed to his already-awarded Armed Forces Expeditionary Medal.  

2.  The evidence of record confirms that the applicant served honorably during the period 16 September 1968 through 27 June 1970.  He completed an overseas tour in Korea and received an excellent conduct and efficiency rating throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The evidence of record shows that the applicant served in Korea from 28 May 1969 to 27 June 1970.  Although he was awarded the Armed Forces Expeditionary Medal for his service in Korea, he served a qualifying period for award of the Korea Defense Service Medal and is therefore entitled to correction of his records to show this award. 





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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 September 1968 through 27 June 1970; and 

	b.  adding award of the Good Conduct Medal (1st Award) and the Korea Defense Service Medal to his DD Form 214. 

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 the Armed Forces Expeditionary Medal. 



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      _______ _   _______   ___
               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)                                         AR20080017706



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ABCMR Record of Proceedings (cont)                                         AR20080017706



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