IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002453
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 the Armed Forces Expeditionary Medal (AFEM) for his service in Korea be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in Korea from 5 January 1968 to 16 May 1968.
3. The applicant provides:
* DD Form 214
* Discharge orders
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 was inducted into the Army of the United States on 15 August 1966. He served as a field artillery basic crewman and he was released from active duty on 16 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 does not show the AFEM as an authorized award. His DD Form 214 does show he served 1 year, 3 months, and 29 days of foreign service in USARPAC (U.S. Army Pacific).
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 11 January 1967 through 9 May 1968, a total of
1 year, 3 months, and 29 days.
5. Army Regulation 600-8-22 (Military Awards) 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. 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 for this award includes service in Korea from 1 October 1966 to 30 June 1974.
6. Army Regulation 600-8-22 states the Korea Defense Service Medal (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.
DISCUSSION AND CONCLUSIONS:
1. The entry in item 31 of the applicant's DA Form 20 which shows he served in Korea from 11 January 1967 through 9 May 1968 is accepted as sufficient evidence on which to base adding the AFEM to his DD Form 214.
2. He served a period of qualifying service for award of the KDSM. His DD Form 214 should be corrected to show this medal.
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 by adding the AFEM and KDSM 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) AR20120002453
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ABCMR Record of Proceedings (cont) AR20120002453
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