IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090018921
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 item 22c (Foreign Service) and item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states item 22c of his DD Form 214 should show he completed 1 year and 5 months of overseas service and item 24 does not list all of his awards.
3. The applicant provides no documentary evidence 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 record shows he was inducted into the Army of the United States on 11 August 1966 and was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Korea upon completing training. Item 31 (Foreign Service) shows he served in Korea for 1 year and 1 month from 25 January 1967 through 24 February 1968. Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM) and Marksman Marksmanship Qualification Badge with Rifle Bar. Item 48 (Date of Audit) shows he last audited his DA Form 20 on 23 April 1968.
4. The applicant's record contains orders reassigning him from Korea to Fort Benning, Georgia, dated 9 February 1968, which list his date of eligibility to return from overseas as 24 February 1968. It also contains orders, dated 19 November 1967, which show he qualified as an expert with the M-14 rifle and as a result earned the Expert Marksmanship Qualification Badge with Rifle Bar.
5. On 9 August 1968, the applicant was honorably released from active duty in the rank of sergeant after completing 1 year, 11 months, and 29 days of active military service. The DD Form 214 he was issued shows he completed 1 year of overseas service in item 22c and that he earned the NDSM and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-12 provides guidance on the Armed Forces Expeditionary Medal (AFEM). It states it is authorized for participating in designated U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. Service in Korea during the period 1 October 1966 through 30 June 1974 is a designated operation. Paragraph 2-20 provides guidance on the Korea Defense Service Medal (KDSM). It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea during the period 28 July 1954 through a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 12f and item 22c of his DD Form 214 should be corrected has been carefully considered and found to have merit. The evidence of record confirms the applicant served in Korea for 1 year and 1 month from 25 January 1967 through 24 February 1968, as evidenced by an entry in item 31 of his DA Form 20. It fails to show he completed 1 year and 5 months of overseas service as he claims. As a result, item 22c should be only be corrected to show he completed 1 year and 1 month of foreign service.
2. The evidence further shows that based on his service in Korea he is eligible for the AFEM and KDSM and that he earned the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar while serving in Korea. As a result, it would be appropriate to correct item 24 of his DD Form 214 accordingly.
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 amending his DD Form 214 as follows:
a. item 22c - delete the current entry and replace it with the entry "1 1 0,"
b. item 24 - delete the "Marksman (Rifle M-14)" entry and replace it with the entry "Expert Marksmanship Qualification Badge with Rifle Bar (M-14)," and
c. item 24 - add the AFEM and KDSM.
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 showing he completed 1 year and 5 months of foreign service.
___________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) AR20090018921
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ABCMR Record of Proceedings (cont) AR20090018921
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