IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120012846
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) and Korea Defense Service Medal be added to his 27 November 1978 DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he is eligible for these awards based on service in Korea.
3. The applicant provides no documentary evidence in support of his request.
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 applicants record shows he initially entered active duty on 5 June 1962. He held and served in various military occupational specialties (MOSs), the last of which was 63C (Track Vehicle Mechanic).
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 28 March 1977 to 26 March 1978. Item 9 (Awards, Decorations, and Campaigns) does not include the AFEM and/or KDSM.
4. On 27 November 1978, the applicant was honorably discharged, in the rank of sergeant first class/E-7, after completing a total of 16 years, 5 months, and
23 days of active military service. The DD Form 214 he was issued does not include the AFEM or KDSM.
5. 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 non-consecutive 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.
6. Paragraph 2-20 of the awards regulation contains guidance on the KDSM. It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea from 28 July 1954 to a future date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the AFEM and KDSM to his DD Form 214 has been carefully considered and found to have partial merit. The evidence of record confirms the applicant served in Korea from 28 March 1977 to 26 March 1978, which qualifies him for the KDSM. Therefore, this award should be added to his DD Form 214.
2. However, while the AFEM was authorized for service in Korea between
1 October 1966 and 30 June 1974, it was not authorized for service in Korea during the period the applicant served in Korea. As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.
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 amending his 27 November 1978 DD Form 214 by adding the Korea Defense Service Medal.
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 award of the Armed Forces Expeditionary Medal for Korea.
_______ _ 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.
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