IN THE CASE OF:	  

		BOARD DATE:	    19 July 2011

		DOCKET NUMBER:  AR20110000044 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM) and Armed Forces Expeditionary Medal (AFEM).

2.  He states that he recently learned his service qualified him for the awards.  Since he presents awards annually to three Army Reserve Officer's Training Corps programs, he wants to ensure that his awards and ribbons are correct when he attends military functions.  He is not asking for orders or the actual medals, he just wants his DD Form 214 revised to reflect the awards and a copy of a corrected DD Form 214.  

3.  He also states that he served in South Korea from September 1975 to November 1976, which qualifies him for the KDSM.  While assigned to the XVIII Airborne Corps at Fort Bragg, NC, in the 1980s, he was deployed to Grenada and throughout Central America in support of various contingency operations, which qualifies him for the AFEM.

4.  He provides:

* Permanent Change of Station (PCS) orders to South Korea, dated 27June 1975
* Two DA Forms 67-7 (U.S. Army Officer Evaluation Report) for the periods September 1975 - 9 September 1976 and September 1976 - November 1976
* PCS orders from South Korea, dated 9 August 1976
* Certificate of Achievement, dated 1 June 1985
* Three DA Forms 67-8 (U.S. Army Officer Evaluation Report) for the periods February 1984 - February 1985, July 1985 - June 1986, and December 1987 - June 1988
* 1992 DD Form 214
* Memorandum For Record describing his deployments in support of the XVIII Airborne Corps
* Copies of seven pictures he took in Grenada
* Copies of three pictures of himself in Central America, 1986
* An information paper titled, Information on the AFEM for Grenada 
          Operation Urgent Fury

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's military records show he was appointed in the Regular Army, as a second lieutenant, on 25 August 1972.  He served in Korea from 11 October 1975 through 15 November 1976, a period of 1 year, 1 month, and 5 days.

3.  His DA Form 2-1 (Personnel Qualification Record), Item 35 (Record of Assignments) shows he was assigned to Fort Bragg on 28 February 1984.  

4.  He provided a Certificate of Achievement, dated 1 June 1985, awarded for his outstanding support to U.S. Army Element - Grenada.

5.  He also provided copies of three DA Forms 67-8 for the periods ending February 1985, June 1986, and June 1988.  The ratings contain the following senior rater comments in Part VII:

	a.  July 1985 - June 1986, "He (applicant) especially excelled in support of troops during deployments";

	b.  December 1987 - June 1988, "His (applicant) efforts have been fully validated as evidenced by the superb performance during recent contingency deployments/EDREs (Emergency Deployment Readiness Exercise) to Honduras and Panama."

6.  He was honorably retired from active duty in the rank of lieutenant colonel on 31 August 1992, for length of service, and was transferred to the U.S. Army Reserve Control Group (Retired).  His DD Form 214 shows the following:

	a.  Item 12f (Foreign Service) shows a credit of 1 year, 1 month, and 5 days; and

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards:  the Meritorious Service Medal (4th Award), Army Commendation Medal, Army Achievement Medal (2nd Award), National Defense Service Medal (2nd Award), Army Service Ribbon, Overseas Service Ribbon, and Parachutist Badge.

7.  He further provided copies of three pictures alleged to be of himself on deployment in Central America in 1986.  He also provided copies of seven pictures alleged to be of Grenada.

8.  Army Regulation 600-8-22 (Military Awards) states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 600-8-22 also states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Urgent Fury in Grenada during the period 23 October 1983 through 21 November 1983.  Qualifying service for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from 11 October 1975 through 15 November 1976 and completed a qualifying period of service for award of the KDSM.  Therefore, he is entitled to this award and its addition to his DD Form 214.  

2.  The AFEM is awarded for qualifying service for participation in Operation Urgent Fury in Grenada during the period 23 October 1983 through 21 November 1983.  The evidence of record, to include his DA Form 2-1 and DA Form 67-8, do not confirm he completed a qualifying period of service for award of the AFEM for Operation Urgent Fury in Grenada.  The evidence shows he did not deploy to Grenada until sometime in early 1985.  Therefore, he is not entitled to award of the AFEM for Operation Urgent Fury in Grenada.

3.  In view of the foregoing, his records should be corrected as recommended below.

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 13 of the applicant's DD Form 214 the Korea Defense Service Medal and providing him a corrected document including this change.

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 award of the Armed Forces Expeditionary Medal and its addition to 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)                                         AR20110000044





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ABCMR Record of Proceedings (cont)                                         AR20110000044



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