IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025029 


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 records to show award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal.

2. The applicant states he served in the Republic of Korea from 24 October 1966 to 10 April 1968 and he just learned he may be entitled to these two service medals.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States on 24 May 1966 for a period of 24 months.  Upon completion of training he was awarded military occupational specialty 13D (Field Artillery Rocket Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served overseas in Korea from 11 October 1966 to 10 April 1968;

	b.  item 38 (Record of Assignments) he was assigned to Battery B, 1st Battalion, 12th Artillery, from 22 October 1966 through 9 April 1968; and

	c.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 10 April 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 10 months, and 17 days of total active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.

	a.  The applicant's record does not contain any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	b.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

	c.  A DA Form 137 (Installation Clearance Record), dated 9 April 1968, shows the commander rated the applicant's conduct and efficiency as "excellent" and he recommended him for the Army Good Conduct Medal for the period 17 October 1966 to 10 April 1968.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 the Republic of Korea from 1 October 1966 through 30 June 1974.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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:

1.  Records show the applicant served in the Republic of Korea from 11 October 1966 to 10 April 1968.

2.  The applicant's service in the Republic of Korea qualified him for award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show these two service medals.

3.  Records show the applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings throughout his service and the applicant's commander recommended him for award of the Army Good Conduct Medal.  Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 May 1966 through 10 April 1968 and

	b.  adding the Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal, and Korea Defense Service Medal to item 24 of his DD Form 214.



      ____________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20100025029



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