IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110014011


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 (Report of Separation from Active Duty) to show:

* foreign service in the Republic of Korea
* award of the Armed Forces Expeditionary Medal (AFEM) for service in the Republic of Korea prior to 30 June 1974
* award of the Korea Defense Service Medal (KDSM)
* award of the Army Commendation Medal (ARCOM) (2nd Award)

2.  The applicant states he served in the Republic of Korea from June 1974 to January 1976, which attests to both his service in the Republic of Korea and his eligibility for the AFEM.  He further states his DA Form 1577 (Authorization for Issuance of Awards) submitted with his application shows he is entitled to the KDSM.  Finally, his letter from Colonel (COL) J____ O____ shows he was awarded a second ARCOM.

3.  The applicant provides:

* DD Form 214
* four DA Forms 67-7 (U.S. Army Officer Evaluation Report (OER)), each with redacted periods of coverage, dated 19 November 1974, 29 January 1975, 26 August 1975, and 21 January 1976
* DA Form 1577, dated 30 August 2004
* letter, U.S. Military Academy, West Point, NY, dated 30 March 1992

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 appointed as a Reserve commissioned officer of the Army in the rank/grade of second lieutenant (2LT)/O-1 on 4 June 1971.

3.  On 26 September 1973, he was appointed as a commissioned officer in the Regular Army in the rank/grade of 2LT/O-1.  He entered active duty on this date.

4.  On 15 August 1977, he was honorably discharged.  His DD Form 214 contains the following entries:

* item 18(c) (Total Active Service) shows he was credited with completion of 3 years, 10 months, and 20 days of total active service
* item 18(f) (Foreign and/or Sea Service This Period) shows he completed 3 years, 1 month, and 16 days of foreign service
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, ARCOM, and Parachutist Badge
* item 27 (Remarks) shows "Item 18f – Italy"

5.  His available records contain no documentation (including assignment orders, OERs, awards, etc.) that shows his dates of service in the Republic of Korea.

6.  He provides:

	a.  Four DA Forms 67-7, each with redacted periods of coverage; dated 19 November 1974, 29 January 1975, 26 August 1975, and 21 January 1976; show he was assigned to U.S. Army Garrison-Yongsan in the Republic of Korea; however, the periods of coverage are redacted, so exact dates of assignment cannot be determined.

	b.  A letter from COL J____ O____, a regional coordinator at the U.S. Military Academy at West Point, dated 30 March 1992, congratulates the applicant on his second award of the ARCOM.  This letter does not specify whether the ARCOM was awarded during the applicant's period of active duty.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active service or control of the Active Army.  Chapter 2 in effect at the time contained guidance on the preparation of the DD Form 214.  Paragraph 2-7 states that item 27 was used for entries authorized by Department of the Army Headquarters for which a separate entry was not available on the DD Form 214 and to complete entries too long for their respective blocks.  When completing a long entry, the item number being completed must precede the item 27 comment.  Paragraph 2-7 contained no provisions for the separate annotation of each area of foreign service.  Subparagraph (11) merely stated the country in which the last period of overseas service was performed was to be reflected in item 27.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It 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.  In accordance with table 2-2, the AFEM was awarded for service in the Republic of Korea during the period 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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

10.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the KDSM.  He submitted four OER's that appear to be consecutive and show he was assigned to the U.S. Army Garrison-Yongsan between 19 November 1974 and 21 January 1976.  This period is greater than the 30 consecutive days required to meet the qualification criteria for award of the KDSM; therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  The applicant contends his foreign service in the Republic of Korea should be reflected on his DD Form 214.  The Army regulation governing the preparation of separation documents at the time of his discharge did not provide for annotating each country of foreign service on the separating Soldier's DD Form 214.  Therefore, he is not entitled to the requested relief.

3.  The applicant contends his DD Form 214 should be corrected to show award of the AFEM.  The AFEM was authorized for qualifying service in the Republic of Korea between 1 October 1966 and 30 June 1974.  Since the applicant's beginning date of assignment in the Republic of Korea cannot be determined, there is insufficient evidence to grant this portion of the requested relief.

4.  The applicant contends his DD Form 214 should be corrected to show his second award of the ARCOM.  As evidence, he submitted a letter from COL J____ O____, dated 30 March 1992, congratulating the applicant on his second award of the ARCOM.  The available record contains no orders to verify his entitlement to a second ARCOM.  Additionally, the letter does not specify whether the ARCOM was awarded during the applicant's period of active duty.  Therefore, absent  clarifying information, there is insufficient evidence to grant this portion of the requested relief.

BOARD VOTE:
________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 26 of his DD Form 214 to add the KDSM.

2.  The Board further determined 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 correction of his DD Form 214 to show his foreign service in the Republic of Korea, award of the AFEM, or a second ARCOM.



      ____________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)                                         AR20100013301



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ABCMR Record of Proceedings (cont)                                         AR20110014011



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