IN THE CASE OF:	  

		BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090005502 


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 award of the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM).

2.  The applicant states, in effect, that he was stationed in the Republic of Korea for a period of time which qualified him for award of the AFEM and KDSM.  He also states that the AFEM and KDSM did not become authorized awards until after he was discharged from the Army.

3.  The applicant provides no documentary evidence in support of this 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 record shows that he enlisted in the Regular Army and entered active duty on 3 January 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91P (X-Ray Specialist).  The highest rank he attained while serving on active duty was the rank of specialist five (SP5)/pay grade E-5.  The applicant was released from active duty on 31 August 1968 with an honorable character-ization of service and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted      Qualification Record) shows he served a tour of duty in the Republic of Korea during the period 17 August 1966 through 30 June 1967.  Item 31 also shows the applicant served a tour of duty in the Republic of Vietnam during the period 3 August 1967 through 2 August 1968.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, the applicant served in Headquarters and A Company, 25th Medical Battalion, 25th Infantry Division, from 6 August 1967 through 7 December 1967 and again from 17 January 1968 to 6 March 1968.  He also served in B Company, 25th Medical Battalion, 25th Infantry Division, from 8 December 1967 to 16 January 1968.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the Expert Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Purple Heart, and the Army Good Conduct Medal (1st Award).  This form does not show award of the AFEM or KDSM.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the Vietnam Service Medal, and the Purple Heart.  This form does not show award of the AFEM or KDSM.

7.  Headquarters, 2d Training Brigade, Fort Jackson, South Carolina, Special Orders Number 35, dated 24 February 1966, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-14].

8.  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.  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 noncon-secutive days.  This regulation shows the Republic of Korea as an area of eligibility for award of the AFEM during the period from 1 October 1966 to 30 June 1974.

9.  Army Regulation 600-8-22 shows the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003.  This regulation provides that the KDSM 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, the contiguous water out to 12 nautical miles, and 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 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 KDSM was subsequently authorized, are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in four campaigns:  the Vietnam Counteroffensive - Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive - Phase IV, and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of March 1966 through August 1968 based on DAGO 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by the Vietnamese Government as a unit award for meritorious service during the period of 31 March 1966 through 21 January 1970 based on DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be corrected to show award of the AFEM and KDSM were carefully considered and determined to have merit.

2.  Evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the AFEM.  Therefore, he is entitled to award of the AFEM and to have his records corrected to show this award.

3.  Evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM.  Therefore, he is entitled to award of the KDSM and to have his records corrected to show this award.

4.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have his records corrected to show this badge.

5.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  General orders show the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

7.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  The record also shows the applicant was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to award of four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and he is entitled to correction of his records to show this addition.


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 full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by  adding the following awards and decorations to item 24 of the applicant's DD Form 214:

	a.  the Armed Forces Expeditionary Medal;

	b.  the Korea Defense Service Medal;

	c.  the Expert Marksmanship Qualification Badge with Rifle Bar;

	d.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	e.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	f.  four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.



      _______ _  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)                                         AR20090005502



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ABCMR Record of Proceedings (cont)                                         AR20090005502



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