IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100007004
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 his record be corrected by adding the Armed Forces Expeditionary Medal (AFEM), Republic of Korea Presidential Unit Citation (ROKPUC) and Korea Defense Service Medal (KDSM).
2. The applicant states he is eligible for the awards in question based on his service in Korea with the 7th Infantry Division from 1965 to 1966.
3. The applicant provides a U.S. Government Motor Vehicle Operator's Identification Card, Installation Clearance Record, Personnel Action Form and Reassignment Orders 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 applicants 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 applicants 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 22 June 1965, and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 18 November 1965 through 11 December 1966. Item 38 (Record of Assignments) shows that during his tour in Korea, he served in units of the
7th Infantry Division.
4. On 21 June 1967, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four/E-4, after completing 2 years of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he earned the National Defense Service Medal, Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-12 contains guidance on the AFEM. It states the medal may be authorized for qualifying service of 30 consecutive or 60 non-consecutive days in the following operations:
* U.S. military operations
* U.S. operations in direct support of the United Nations
* U.S. operations of assistance for friendly foreign nations.
6. Tables 2-2 of the awards regulation identifies designated U.S. military operations that qualify for the AFEM. Korea is listed for the period 1 October 1966 through 30 June 1974.
7. Paragraph 2-20 of the awards regulation contains guidance on the KDSM. It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea during the period 28 July 1954 through a date to be determined by the Secretary of Defense.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. It confirms the 7th Infantry Division was awarded the ROKPUC for the period 17 September 1950 through 27 March 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the AFEM, ROKPUC and KDSM should be added to his record and DD Form 214 has been carefully considered and found to have merit. By regulation, the AFEM is authorized for qualifying service in Korea between 1 October 1966 through 30 June 1974; the KDSM is authorized for service Korea between 28 July 1954 through a date to be determined by the Secretary of Defense; and the ROKPUC is authorized for service in Korea with the 7th Infantry Division between 17 September 1950 and 27 March 1971.
2. The evidence of record confirms the applicant served in Korea from
18 November 1965 through 11 December 1966 as a member of the 7th Infantry Division. As a result, he is eligible for the awards in question and it would be appropriate to add them to his DD Form 214 at this time.
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 amending item 24 of his DD Form 214 by:
a. adding the AFEM, ROKPUC, and the KDSM; and
b. providing him a document that includes the above corrections.
_______ _ 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) AR20100007004
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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