BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090020931 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal (AGCM) and the Korea Defense Service Medal (KDSM).  He also asks if he qualifies for the Combat Action Badge.

2.  The applicant states he received the AGCM and his record should be corrected to show this award.  Secondly, he states he served in the Republic of Korea during a period that entitles him to award of the KDSM.  

3.  The applicant provides the following documents:

	a.  a DD Form 214 with a separation date of 12 September 1969;

	b.  hostile fire pay orders;

	c.  AGCM orders; and 

	d.  a summary sheet of the Armed Forces Expeditionary Medal and KDSM.

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 enlisted in the Regular Army on 15 September 1966 for a 3 year period.  He completed basic combat and advanced individual training meeting the qualification standards for military occupational specialty 63C (General Vehicle Repairman).  The highest rank he attained during his enlistment period was specialist five/pay-grade E-5.

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from 29 November 1967 to 13 December 1968. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:

* National Defense Service Medal
* "Expert (Rifle)" known as the Expert Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal

5.  The applicant was honorably released from active duty on 12 September 1969 upon his expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he served on active duty for 2 years, 11 months, and 28 days and that he was credited with 1 year and 15 days of foreign service.

6.  The applicant submitted the following documents to support his application:

	a.  Special Orders Number 206, dated 24 July 1968, issued by Headquarters, 2nd Infantry Division, APO San Francisco Army Post Office 96224 authorized him hostile fire pay effective 6 July 1968; and



	b.  Headquarters, 13th Support Brigade General Orders Number 51, dated    5 August 1969, awarded him the AGCM.

7.  Army Regulation 600-8-22 (Military Awards) states 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 and period 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.

	a.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  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 certain other criteria.

8.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  Award of the Combat Action Badge is authorized from                18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's active duty service in the defense of the Republic of Korea for a period of more than 30 consecutive days, he is eligible for award of the KDSM.

2.  General orders announced award of the AGCM.  Therefore, he is entitled to a correction of his records to show this award.  

3.  As the applicant was not on active duty on or after 18 September 2001, he does meet the eligibility criteria for award of the Combat Action Badge.



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 the applicant's DD Form 214 to add award of the KDSM and the AGCM.

2.  The Board further determined that the evidence presented is insufficient to warrant portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Action Badge.




      _______ _   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)                                         AR20090020931





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ABCMR Record of Proceedings (cont)                                         AR20090020931



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