IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008246 


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:

* Expert Field Medical Badge
* Armed Forces Expeditionary Medal
* Korean Service Medal (determined to be the Korea Defense Service Medal)

2.  The applicant states he was not informed of the Expert Field Medical Badge
policy within the battalion.  He served as a medical company commander in South Korea.  At the time he was not aware that medical battalion company commanders were eligible to receive the Expert Field Medical Badge.  He states he has no documentation to support his request other than his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 1990.

3.  The applicant provides his DD Form 214.

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.  He was commissioned a second lieutenant in the U.S. Army Reserve on 
3 June 1970.  He was ordered to active duty effective 2 October 1970 to attend the Army Medical Officer Basic Course.  He was promoted to captain effective 
2 October 1974 in the Medical Service Corps.

3.  He served as the company commander of Company D, 2nd Medical Battalion in Korea from 3 September 1976 to 10 August 1977.

4.  He was retired on 31 October 1990 and placed on the Retired List the following day.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Meritorious Service Medal with 2 Oak Leaf Clusters
* Army Commendation Medal with 1 Oak Leaf Cluster
* Army Achievement Medal
* National Defense Service Medal
* Humanitarian Service Medal
* Armed Forces Reserve Medal
* Army Service Ribbon
* Overseas Service Ribbon

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instruction concerning individual and unit military awards.

	a.  The Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests.  The basic eligibility criteria include:  (1) officers must be assigned or detailed to an Army Medical Department (AMEDD) corps; (2) warrant officers must have an AMEDD primary military occupational specialty (MOS) controlled by the Surgeon General.  Warrant officer pilots are also eligible, if they have a "D" skill qualification identifier (SQI) (Aero-medical Evacuation Pilot) and are assigned to an air ambulance unit; and (3) enlisted personnel must have an AMEDD primary MOS or an MOS of 18D.  Eligible personnel must be on active duty or assigned to a Reserve troop program unit or an AMEDD mobilization augmentation agency. 

	b.  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.  Table 2-2 lists designated U.S. Military Operations and the dates of eligibility for the Armed Forces Expeditionary Medal.  Korea is listed among the operations and the dates of eligibility are from 1 October 1966 to 
30 June 1974.

	c.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	d.  The Korea Defense Service Medal was authorized by Section 543 of the National Defense Authorization Act of 2003.  The award is authorized for 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.  There is no evidence he satisfactorily completed the prescribed proficiency tests for the award of the Expert Field Medical Badge.  Therefore, he is not eligible for this award.

2.  He did not arrive in Korea until 1976.  The ending date for the award of the Armed Forces Expeditionary Medal for Korea is 30 June 1974.  Therefore, he is not authorized this award.

3.  He clearly does not meet the criteria for the Korean Service Medal that was authorized for service during the Korean Conflict.  Therefore, it was determined he was requesting the Korea Defense Service Medal, that was authorized well after his retirement.  Based on his service in Korea he is authorized the Korea Defense Service Medal.


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 amending item 13 of his DD Form 214 by adding the 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 the Expert Field Medical Badge, the Armed Forces Expeditionary Medal, and the Korean Service Medal.




      _______ _  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)                                         AR20110008246





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ABCMR Record of Proceedings (cont)                                         AR20110008246



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