IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120003821
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, that the Korea Defense Service Medal (KDSM) and the Armed Forces Expeditionary Medal (AFEM) be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states these medals were authorized after he was discharged.
3. The applicant provides a copy of the following:
* DD Form 214
* Special Orders Number 340
* DA Form 2349 (Military Pay Voucher)
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 5 August 1966. He was trained in and awarded military occupational specialty 94B (Cook).
The highest rank/grade he attained while serving on active duty was specialist five/E-5.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea (ROK) from 26 December 1966 through 25 January 1968. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour in the ROK, he was assigned to Headquarters Battery,
6th Battalion, 37th Artillery during the period 1 January 1967 to 25 January 1968.
4. On 2 August 1968, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 27 days of active military service and transferred to the U.S. Army Reserve.
5. The applicant's DD Form 214 shows the following awards:
* National Defense Service Medal
* Army Good Conduct Medal
6. 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 nonconsecutive 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.
7. Paragraph 2-20 of the awards regulation contains guidance on the KDSM. It states the award is authorized for 30 consecutive or 60 non-consecutive days of service in ROK from 28 July 1954 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that based on his qualifying service in Korea, the applicant is eligible for the KDSM and AFEM. Therefore, it would be appropriate to add 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 to his DD Form 214 the KDSM and the AFEM.
_____________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) AR20120003821
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ABCMR Record of Proceedings (cont) AR20120003821
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