IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110015323
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 the Armed Forces Expeditionary Medal (AFEM), Korea Defense Service Medal (KDSM), and the Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states he was separated with temporary records and the awards were not included on the DD Form 214; however, the National Personnel Records Center (NPRC) found his records.
3. The applicant provides an NPRC letter, dated 10 May 2010.
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 enlisted in the Regular Army on 17 March 1966. He was trained in and awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist). He was advanced to private first class (PFC)/E-3 on 20 June 1968, and this is the highest rank/grade he attained while serving on active duty.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 4 September 1967 through 31 May 1969. Item 38 (Record of Assignments) shows that during his tour in Korea, he was assigned to
Company A, U.S. Army Camp Carroll Depot, Korea.
4. Special Orders Number 209, issued by Headquarters, U.S. Army Camp Carroll Depot, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the:
* National Defense Service Medal (NDSM)
* Armed Forces Expeditionary Medal (AFEM)
* Expert Marksmanship Qualification Badge with Rifle Bar
6. On 2 June 1969, the applicant was honorably released from active duty in the rank/grade of private (PV2)/E-2, after completing 3 years, 2 months, and 16 days of creditable active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time only shows the NDSM. Item 30 (Remarks) contains an entry indicating the applicant was separated on temporary records and the Soldier's affidavit.
7. The applicant provides an NPRC letter, dated 10 May 2010, that indicated shipment of the NDSM, AFEM, Expert Marksmanship Qualification Badge with Rifle Bar, and KDSM was authorized based on verification of the documents provided by the applicant and/or official documents.
8. Army Regulation 600-8-22 (Military Awards) provides the Armys awards policy. Paragraph 2-12 contains guidance on the AFEM. It states it is authorized for participating in authorized U.S. Military Operations for 30 consecutive or
60 non-consecutive days. Table 2-2 contains a list of designated U.S. Military Operations qualifying for the AFEM. This list includes Korea for the period
1 October 1966 through 30 June 1974.
9. Paragraph 2-20 of the awards regulation contains guidance on the KDSM. It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea from 28 July 1954 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the AFEM, KDSM, and the Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms that based on his qualifying service in Korea, the applicant is eligible for the AFEM and KDSM. Special orders also confirm he qualified expert with the M-14 rifle while serving on active duty. Therefore, it would be appropriate to add these awards to item 24 of 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 adding to item 24 of his DD Form 214 the Armed Forces Expeditionary Medal, Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
____________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) AR20110015323
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ABCMR Record of Proceedings (cont) AR20110015323
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