BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110012962
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 Armed Forces Expeditionary Medal (AFEM) and Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Armed Forces of the United Stats Report of Transfer or Discharge).
2. The applicant states:
* the AFEM was authorized for service in Korea in the 1960s
* the KDSM was authorized in 2004
* these medals were authorized for service in Korea
* he served in Korea for 1 and 1/2 years
3. The applicant provides no documentary evidence.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 6 October 1960. He served as a light truck driver. On 4 September 1962, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 28 May 1961 through 18 August 1962.
5. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he departed the United States on 28 May 1961, arrived in Korea on 17 June 1961, and departed on 21 August 1962.
6. There is no evidence which shows he served in Korea after 21 August 1962.
7. Army Regulation 600-8-22 (Military Awards) states the AFEM 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. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22 and show the AFEM was awarded for service in Korea from 1 October 1966 to
30 June 1974.
8. Army Regulation 600-8-22 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 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant served in Korea from 28 May 1961 to
18 August 1962. Since he did not serve a period of qualifying service (1 October 1966 to 30 June 1974) in Korea for award of the AFEM, there is no basis for granting his request to add the AFEM to his DD Form 214.
2. He did serve a period of qualifying service for the KDSM and NDSM. His
DD Form 214 should be corrected to show these medals.
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 the KDSM and NDSM to item 26 of his DD Form 214.
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 adding the AFEM 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) AR20110012962
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ABCMR Record of Proceedings (cont) AR20110012962
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