IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013049
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 Korea Defense Service Medal and the Armed Forces Expeditionary Medal for his service in Korea.
2. The applicant states he served in the Republic of Korea continuously from
22 November 1966 to 2 April 1968. The awards he is requesting were created after he was honorably discharged. He requests a corrected DD Form 214.
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. The applicant was inducted into the Army on 29 June 1966. He completed training and was awarded military occupational specialty (MOS) 94B (Cook).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) that he began his service in Korea on
21 November 1966;
b. item 35 (Record of Assignments) that he was assigned to Headquarters Detachment, U.S. Army Pusan Base Command, U.S. Army Pacific-Korea, from
28 November 1966 to 31 March 1968; and
4. He was honorably released from active duty on 2 April 1968 as a specialist four/E-4. He had completed 1 year, 9 months, and 4 days of creditable active service. His DD Form 214 shows in:
* Item 22c (Foreign and/or Sea Service), he completed 1 year 4 months, and 12 days of foreign service in U.S. Army Pacific (USARPAC)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Good Conduct Medal, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards) states the:
a. Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974; and
b. 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 contends his DD Form 214 could be corrected to show award of the Korea Defense Service Medal and Armed Forces Expeditionary Medal because he served in Korea from 22 November 1966 to 2 April 1968.
2. The evidence of record shows the applicant served in Korea from
21 November 1966 to 31 March 1968.
3. He served a qualifying period for award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal. These medals should be listed on his DD Form 214.
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 adding to item 24 of his DD Form 214 the Armed Forces Expeditionary Medal and Korea Defense 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) AR20110006177
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110013049
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140005089
The Korea Defense Service Medal 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. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2010 | 20100015999
In addition, he requests item 22c (Foreign and or Sea Service) on his DD Form 214 be corrected to show his service in the Republic of Korea. Army Regulation 600-8-22 states that 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080014284
The applicant states, in effect, that he was born in Middlebury, Vermont, not Middleburg; that the entry "USARPAC" [U.S. Army Pacific Command] in item 22c on his DD Form 214 should be Korea; and that he is eligible for the Korea Defense Service Medal (KDSM). The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed...
ARMY | BCMR | CY2006 | 20060001470C070205
The applicant's military service records show that he enlisted in the U.S. Army on 5 October 1965. The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Good Conduct Medal, National Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar. The applicant's records contain a copy of Headquarters, 13th Supply...
ARMY | BCMR | CY2012 | 20120006528
The applicant states there is no record on file of him serving in these countries except the records he provides with this application. Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974. d. The Korea Defense Service Medal 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. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2009 | 20090013923
Records show the applicant served in the Republic of Korea from 23 August 1970 to 17 August 1971. The evidence of record shows the applicant was not a member of the U.S. Army or Reserve component during a qualifying period of service for award of the Global War on Terrorism Service Medal for he was discharged on 18 August 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 214 to show award of...
ARMY | BCMR | CY2007 | 20070002824
Army Regulation 600-8-22, in pertinent part, authorizes award of the Vietnam Service Medal for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Records show that the applicant served in four campaigns in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 24 of his DD Form 214, with an effective date of 31 October 1970, the Army Commendation Medal, Army Good Conduct Medal (5th...
ARMY | BCMR | CY2009 | 20090021140
This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This document shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 43, dated 1970. f. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military...
ARMY | BCMR | CY2012 | 20120002453
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 states the Korea Defense Service Medal (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 entry in item 31 of the applicant's DA Form 20 which shows he served in Korea from 11 January 1967 through 9 May 1968 is accepted as sufficient evidence on which to...
ARMY | BCMR | CY2007 | 20070003807
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant contends, in effect, that he is entitled to award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal based on his service in the Republic of Korea. Records show that the applicant served a qualifying period of service in the Republic of Korea in direct...