IN THE CASE OF:	  

		BOARD DATE:	    29 December 2009

		DOCKET NUMBER:  AR20090013184 

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 and the Korea Defense Service Medal.

2.  The applicant states that he served in Korea from September 1966 to 24 October 1967 and was assigned to Company B, 2nd Battalion, 2nd Infantry Division. 

3.  The applicant provides a copy of his DD Form 214, dated 24 October 1967; a copy of a certificate, dated July 1967; and internet printouts of the criteria for each award 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 and entered active duty in Montgomery, AL, on 16 December 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 12B (Combat Engineer).  He was honorably separated in the rank/grade of specialist five (SP5)/E-5 (temporary) on 24 October 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant's records also show he served in Korea from on or about 4 September 1966 to on or about 23 October 1967.  He was assigned to Company B, 2nd Engineer Battalion.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the National Defense Service Medal.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the following awards:

	a.  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.  Qualifying service for this award includes participation in Korea from 1 October 1966 to 30 June 1974.

	b.  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.  The period of eligibility is from 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.

6.  A review of the applicant's records indicates his entitlement to additional awards which are not shown in his records.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Furthermore, his records do not show any derogatory information in the form of lost time, a court-martial, nonjudicial punishment, or suspension of favorable personnel action, throughout his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.

2.  The evidence of record shows that the applicant served in Korea from on or about 4 September 1966 to on or about 23 October 1967.  Therefore, he served a qualifying period for award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal and is entitled to correction of his records to show these awards.

3.  The evidence of record confirms that the applicant served honorably during the period 16 December 1965 through 24 October 1967.  He attained the temporary rank of SP5/E-5 and he received all "excellent" conduct and efficiency ratings throughout his period of military service.  Furthermore, his record is void of any derogatory information that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his records 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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 December 1965 through 24 October 1967; and

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), the Armed Forces Expeditionary Medal, and the Korea Defense 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)                                         AR20090013184



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ABCMR Record of Proceedings (cont)                                         AR20090013184



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