IN THE CASE OF:	  

		BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110002678 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Armed Forces Expeditionary Medal for Korea.

2.  The applicant states he was in direct support of the area of operations.

3.  The applicant provides his DD Form 214, a web printout about the Armed Forces Expeditionary Medal, and a National Personnel Records Center (NPRC) letter.

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.  His military records show he was inducted into the Army of the United States on 4 May 1966.  He completed initial entry training, was awarded the military occupational specialty of field artillery crewman, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea during the period 29 September 1966 to 25 October 1967.

4.  He was honorably released from active duty on 3 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed a total of 2 years of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal.

6.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the 1st award of the Army Good Conduct Medal by proper authority.  Item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

8.  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.

9.  Army Regulation 600-8-22, table 2-2 lists Korea as a qualifying area for the Armed Forces Expeditionary Medal during the period 1 October 1966 to 30 June 1974.

10.  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:

1.  The applicant's record shows he served during a qualifying period in Korea for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There is no available order or other available evidence showing the applicant was awarded the 1st award of the Army Good Conduct Medal.  However, based on the evidence of record that shows he received all "excellent" conduct and efficiency ratings throughout his service and the absence of any commander's disqualification, it can be presumed that he was eligible for award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  As such, it would be appropriate to award him the 1st award of the Army Good Conduct Medal for the period 4 May 1966 to 3 May 1968 and to add this award to his DD Form 214.

3.  The applicant served during a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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:

	a.  awarding him the 1st award of the Army Good Conduct Medal for the period 4 May 1966 to 3 May 1968; and

	b.  adding the Armed Forces Expeditionary Medal, Army Good Conduct Medal, and Korea Defense Service Medal 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)                                         AR20110002678



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ABCMR Record of Proceedings (cont)                                         AR20110002678



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