IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120007876 


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 record to show the National Defense Service Medal (NDSM), Armed Forces Expeditionary Medal (AFEM), and the Korea Defense Service Medal (KDSM).

2.  The applicant states he believes he is entitled to the requested awards as an exception to policy.

3.  The applicant provides copies of:

* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Page 2 of his DA Form 66 (Officer Qualification Record)
* National Personnel Records Center (NPRC) letter, dated 6 April 2012
* Wikipedia internet document extract pertaining to the AFEM and the KSDM

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

3.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.

4.  Evidence provided by the applicant shows he was appointed as an infantry commissioned officer in the U.S. Army Reserve (USAR) on 5 June 1965.

5.  On 10 October 1965, he entered active duty to attend the Infantry Officer Basic Course.  He subsequently completed training and he was awarded specialty 1542 (Infantry Unit Advisor).

6.  Page 2 of the DA Form 66 he provided shows he served in Korea with
3rd Battalion, 32nd Infantry, 7th Infantry Division from 7 January 1966 through
3 February 1967.

7.  Upon completion of his tour in Korea, he was reassigned to a unit in Birmingham, AL.

8.  On 18 September 1967, he was honorably released from active duty in the rank/grade of first lieutenant (1LT)/O-2, to attend school.  He was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 9 days of total active service, including 1 year and 1 month of foreign service.  The DD Form 214 he was issued at the time shows he was awarded the:

* NDSM
* Expert Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  NPRC's letter to the applicant, dated 6 April 2012, indicates he was issued the KDSM.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  It states in:

	a.  Paragraph 2-12 that the AFEM is authorized for participants 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  It indicates it was authorized for service in Korea for the period from 1 October 1966 to 30 June 1974.

	b.  Paragraph 2-20 that the KDSM is authorized 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 from 28 July 1954 to a date to be determined.  Service members qualified for the AFEM by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was authorized subsequent are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the AFEM and the KDSM.

2.  The AFEM was authorized for service in Korea from 1 October 1966 to 30 June 1974 for a period of 30 consecutive or 60 or more nonconsecutive days. Based on the applicant’s Korean service from January 1966 to February 1967, he is entitled to the AFEM.

3.  Further, under special provisions, the KDSM was subsequently authorized to members who earned the AFEM for Korean service.  Accordingly, the applicant is also entitled to the KDSM.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show the above awards.

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 to his DD Form 214 the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.



      __________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)                                         AR20120007876



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ABCMR Record of Proceedings (cont)                                         AR20120007876



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