IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100010659
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 award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.
2. The applicant states he is qualified for these medals and he did not receive them due to the error on his DD Form 214 (Certificate of Release or Discharge from Active Duty). His DD Form 214 has been corrected.
3. The applicant provides a copy of his DD Form 215 (Correction to DD Form 214), dated 16 October 2009.
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 enlisted in the Regular Army on 23 November 1970 and was honorably released from active duty on 10 December 1973. His DD Form 214 does not show the Armed Forces Expeditionary Medal or the Korea Defense Service Medal as authorized awards.
3. Item 31 (Foreign Service) on his DA Form 20 (Enlisted Qualification Record) indicates he served in Korea. The specific dates he served in Korea are not listed.
4. The Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 28 July 2009, indicates the applicant served in Korea between January 1972 and November 1972.
5. On 16 October 2009, the applicant was issued a DD Form 215 which corrected item 30 (Remarks) on his DD Form 214 to show he served in Korea.
6. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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 service in Korea from 1 October 1966 to 30 June 1974.
7. Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The evidence of record indicates the applicant served in Korea between January 1972 and November 1972. Therefore, he has served a period of qualifying service for award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal and these awards should be added to his DD Form 214.
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 his DD Form 214 to add 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) AR20100010659
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100010659
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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