IN THE CASE OF:	  

		BOARD DATE:  19 June 2012

		DOCKET NUMBER:  AR20110022560 


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 (KDSM) and the Armed Forces Expeditionary Medal (AFEM).

2.  He states he earned these medals as a result of his 11 months of service in the Demilitarized Zone in Korea.

3.  He 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 requested that the AFEM be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the AFEM.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States on 20 January 1969.  He completed training in military occupational specialty (MOS) 11B (light weapons infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Korea from 11 February 1970 through 12 January 1971;

	b.  item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his service; and

	c.  item 41 (Awards and Decorations) the National Defense Service Medal (NDSM) and the AFEM.

5.  He was honorably released from active duty (REFRAD) on 18 January 1971 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 29 days of total active service.

6.  The DD Form 214 issued to him at the time of his REFRAD shows in:

	a.  item 22c (Foreign and/or Sea Service), he served in the U.S. Army Pacific (USARPAC) for a period of 11 months and 8 days;

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:

* NDEM
* AFEM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	c.  item 30 (Remarks) the entry "VIETNAM (VN) SERVICE:  NONE."

7.  His record does not contain any derogatory information or a record of a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 600-8-22 (Military Awards) 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 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than
3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 at the time.  It stated to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show service in Korea only, enter "Indochina--No, Vietnam--No, Korea--Yes."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant completed a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence also shows he received all "excellent" conduct and efficiency ratings throughout his service with no derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 20 January 1969 through 18 January 1971 and to correct his DD Form 214 to show this award.

3.  There is no evidence he served in Vietnam; however, he did service in Korea. Therefore, item 30 of his DD Form 214 should be corrected accordingly.

BOARD VOTE:

___X____  ___X__ _  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 January 1969 through 18 January 1971;

	b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal

	c.  deleting from item 30 of his DD Form 214 the entry "VN Service:  None" and replacing it with the entry "Indochina--No, Vietnam--No, Korea--Yes."



      __________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)                                         AR20110022560



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ABCMR Record of Proceedings (cont)                                         AR20110022560



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