IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120001341
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 add award of the Korea Defense Service Medal (KDSM) and Armed Forces Expeditionary Medal (AFEM).
2. He states his continuous service in Korea from June 1967 to July 1968 entitles him to the above awards.
3. He provides a copy of his DD Form 214 and DD Form 256A (Honorable Discharge Certificate).
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. He was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 16 June 1966 and he entered active duty on 13 August 1966.
3. His record contains a DA Form 66 (Officer Qualification Record) which shows the following information:
* item 17 (Foreign Service) he served in Korea from 3 June 1967 through 3 July 1968
* item 18 (Records of Assignments) he was assigned to Company B, 502nd Military Intelligence Battalion, as an intelligence research officer during his tour of duty in Korea
* item 21 (Awards and Decorations) he was awarded the National Defense Service Medal (NDSM)
4. On 7 July 1968, the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) for completion of his Reserve obligation. His DD Form 214 shows he was awarded the NDSM.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. The AFEM is authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. It is awarded for service in Korea from 1 October 1966 to 30 June 1974.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he served in the Republic of Korea from June 1967 through July 1968.
2. As a result, he is authorized award of the KDSM and AFEM and addition of these awards to 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 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 adding the KDSM and AFEM 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) AR20120001341
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ABCMR Record of Proceedings (cont) AR20120001341
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