IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110001350 


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 the Korea Defense Service Medal (KDSM) and Armed Forces Expeditionary Medal (AFEM)-Cuba be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he believes he is eligible for the KDSM for his service in Korea in 1961-1962 and for the AFEM-Cuba for his involvement with training and for possible deployment to Cuba during the Cuban Crisis.

3.  The applicant provides Korea assignment orders and deployment orders for the Cuban Crisis 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 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 record shows he enlisted in the Regular Army on 26 January 1961.  He held and served in military occupational specialty 723.10 (Communications Center Specialist).  The record shows he was promoted to the rank of specialist four/E-4 on 30 March 1962 and that this is the highest rank he held while serving on active duty.

3.  The applicant's DA Form 24 (Service Record) for the period 26 May 1961 through 24 January 1964 shows he served in Korea from 12 July 1961 through 11 September 1962 in section 5 (Service Outside the Continental United States).

4.  Section 7 (Combat Record) of his DA Form 24 is blank and section 10 (Remarks) is void of an entry regarding service in support of operations related to Cuba.  Section 9 (Medals, Decorations, and Citations) shows he earned the following awards during his active duty tenure:

* Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars
* Army Commendation Medal
* Army Good Conduct Medal

5.  On 24 January 1964, the applicant was honorably released from active duty after completing 2 years, 11 months, and 29 days of active military service.  The DD Form 214 he was issued does not include the KDSM or AFEM in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

6.  The applicant provided orders that show he was sent on temporary duty to Fort Hood, Texas on or about 28 October 1962.

7.  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 specific geographic areas during specified time periods.  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.  

8.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

9.  Table 2-2 of Army Regulation 600-8-22 identifies designated U.S. military operations that support award of the AFEM.  Included in this list is Cuba for the period 24 October 1962 through 1 June 1963.

10.  Paragraph 2-20 of Army Regulation 600-8-22 contains guidance on the KDSM and states it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea from 28 July 1954 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the KDSM and AFEM to his record and DD Form 214 has been carefully considered and is found to have partial merit.

2.  By regulation, the KDSM is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea from 28 July 1954 to a date to be determined.  The applicant's record confirms he served in Korea from 12 July 1961 through 11 September 1962.  As a result he is eligible for this award and it would be appropriate to add it to his record and DD Form 214.

3.  By regulation, the AFEM was authorized for Cuba-designated U.S. military operations between 24 October 1962 and 1 June 1963.  Although the applicant provides orders that seem to indicate he was sent on temporary duty to Fort Hood, Texas, in support of this operation, his record is void of any entries or documents showing he actually moved on these orders or that confirm he entered the area of operations (i.e., Cuba).  As a result, the regulatory burden of proof necessary to support award of the AFEM has not been satisfied in this case.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the KDSM to his record and DD Form 214.

2.  The Board further determined 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 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)                                         AR20110001350



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ABCMR Record of Proceedings (cont)                                         AR20110001350



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