IN THE CASE OF:
BOARD DATE: 21 October 2010
DOCKET NUMBER: AR20100011258
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 10 December 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:
* Korea Defense Service Medal (KDSM)
* National Defense Service Medal (NDSM)
* Armed Forces Expeditionary Medal (AFEM)
2. The applicant states he is entitled to the AFEM for his deployment to the Dominican Republic in May 1965 to December 1966 while assigned to the 50th Signal Battalion, Fort Bragg, North Carolina. He also states he served in Korea from 1962 until 1963 and is entitled to the KDSM.
3. The applicant provides copies of his DD Forms 214 and his DA Form 20 (Enlisted Qualification Record).
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 applicants records show he enlisted in the Regular Arm on 23 July 1959. He served 2 years, 4 months, and 18 days and was honorably discharged on
10 December 1961 for immediate reenlistment the following day.
3. The applicant's DA Form 20 shows he served in Korea from 21 February 1962 to 6 March 1963.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants 10 December 1961 DD Form 214 show he was awarded the Parachutist Badge, Sharpshooter Marksmanship Qualification Badge (Rifle), and the Drivers Badge. Item 24c (Foreign and/or Sea Service) of his 10 December 1965 DD Form 214 credits him with 1 year and 16 days of foreign service and item 26 shows he was awarded the Good Conduct Medal with two bronze loops.
5. There is no documentation in the applicant's available record that shows he was deployed to the Dominican Republic.
6. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, 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 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.
7. Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive.
8. Army Regulation 600-8-22 states that 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.
9. The U.S. Army Human Resources Command awards and decorations website lists all operations approved for the award of the AFEM. The website shows that during the period 28 April 1965 to 21 September 1966 Operation Dominion Republic, an evacuation and peacekeeping mission, was approved for the award of the AFEM.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea from 21 February 1962 to 6 March 1963. Therefore, he is entitled to award of the KDSM.
2. Evidence of record shows the applicant met the qualifications and is entitled to the award of the NDSM.
3. There is no documentation in the available records to show that the applicant was deployed to the Dominican Republic. Therefore, there is insufficient evidence to show he is entitled to the award of the AFEM.
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 adding to item 26 of the applicant's 10 December 1965 DD Form 214 the award of the KDSM and NDSM.
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 the award of the AFEM.
_______ _ _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) AR20100011258
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ABCMR Record of Proceedings (cont) AR20100011258
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