IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110025151 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1989 to show the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM).

2.  The applicant states he believes the AFEM omission was just an oversight and the KDSM was not authorized until after his separation in 1989.

3.  The applicant provides his:

* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods 29 December 1970 through 14 September 1972 and 15 September 1972 through 6 September 1978
* DD Form 214 for the period 8 October 1980 through 24 February 1989
* DA Form 2A (Personnel Qualification Record - Part I)
* DA Form 2-1 (Personnel Qualification Record - Part II)

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 record copy of the applicant's DA Form 2-1 shows in:

	a.  Item 5 (Overseas Service) he served in the Republic of Korea (ROK) from

* 18 June 1974 through 16 July 1976
* 28 January 1981 through 27 January 1982
* 30 June 1983 through 29 June 1984
* 9 January 1987 through 6 January 1988

	b.  Item 9 (Awards, Decorations and Campaigns) a list of awards including the AFEM.

3.  The applicant's DD Form 214 for the period ending 14 September 1972 shows the National Defense Service Medal (NDSM).

4.  The applicant's DD Form 214 for the period ending 6 September 1978 shows the:

* NDSM
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  The applicant's DD Form 214 for the period ending 24 February 1989 shows the:

* Army Service Ribbon
* Parachutist Badge
* Overseas Service Ribbon (4th Award)
* Army Good Conduct Medal (5th Award)
* Army Achievement Medal (5th Award)
* Multinational Forces and Observers Medal
* Expert Infantryman Badge
* Army Commendation Medal (2nd Award)


* Noncommissioned Officer Professional Development Ribbon with
Numeral 3
* Army Drill Sergeant Badge

6.  Army Regulation 600-8-22 (Military Awards):

	a.  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.  Qualifying service included the ROK from 1 October 1966 through 30 June 1974.

	b.  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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Only one award of the KDSM is authorized for any individual.

7.  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.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record clearly shows the applicant arrived in the ROK on 18 June 1974; however, entitlement to the AFEM only lasted until
30 June 1974.  Additionally, a Soldier 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 in the ROK for 30 consecutive or 60 nonconsecutive days.  In the applicant's case he was only in the ROK for 12 days prior to the termination of the AFEM for Korea.  It appears the AFEM was prematurely added to the applicant's DA Form 20.  Therefore, there is no basis for granting this portion of his request.

2.  The applicant served during a qualifying period of service in the ROK for entitlement to the KDSM.  Therefore, his DD Form 214 for the period ending
24 February 1989 should be corrected to show this award.


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 to his DD Form 214 for the period ending 24 February 1989 the:

* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 Armed Forces Expeditionary Medal 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)                                         AR20110025151



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ABCMR Record of Proceedings (cont)                                         AR20110025151



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