BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005893 


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 award of the Armed Forces Expeditionary Medal (AFEM), Korea Defense Service Medal (KDSM), Army Good Conduct Medal (AGCM), and the Overseas Service Ribbon (OSR). 

2.  The applicant states he completed 3 years of honorable service without any nonjudicial punishment, disciplinary action, or court-martial offenses.  To his recollection, he served in Korea from October 1965 to October 1966.  He further states right before his discharge he was transferred to Fort Benning, GA.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer of 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 enlisted in the Regular Army on 31 October 1963 for a period of 3 years.  He completed his basic training at Fort Dix, NJ and his advanced individual training at Fort Hood, TX.  He was awarded military occupational specialty 11B (light weapons infantryman).

3.  On 22 May 1965, he was transferred to Korea where he was assigned to
1st Battalion, 12th Cavalry as a rifleman.  He was reassigned to the 2nd Battalion, 38th Infantry as an automatic rifleman.  On 9 February 1966, he was awarded primary MOS 71H (personnel specialist) and he remained with his unit.  He departed Korea on 21 May 1966 en route to his next assignment at Fort Benning. He was advanced to the rank/grade of specialist four (SP4)/E-4 on 23 August 1966.

4.  On 30 October 1966, he was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS).  He completed 3 years of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade (Launcher) Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

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

* item 31 (Foreign Service) he served in Korea from 22 May 1965 through 23 May 1966
* item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his service

6.  His official record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the AGCM.

7.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

8.  Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area 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.  The AFEM was awarded for qualifying service in Korea from 1 October 1966 to 30 June 1974.

9.  Army Regulation 600-8-22 states the KDSM 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.

10.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, it appears he should have received the first award of the AGCM for his service from
31 October 1963 through 30 October 1966.  This conclusion is based on the fact that his record shows he received all "excellent" conduct and efficiency ratings throughout his service, his record is void of any derogatory information which would have precluded the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  It appears the applicant was not awarded the AGCM as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

2.  The applicant served in Korea during a qualifying period for the KDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  However, the applicant did not serve in Korea during a qualifying period of service for entitlement to the AFEM, and the OSR was not established until 1981, well after the applicant was separated from the service.  Accordingly, he is not entitled to the AFEM or the OSR.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 October 1963 through 30 October 1966, and

	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal

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 awarding him the Armed Forces Expeditionary Medal or the Overseas Service Ribbon.



      __________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)                                         AR20110005893



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ABCMR Record of Proceedings (cont)                                         AR20110005893



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