IN THE CASE OF:	  

		BOARD DATE:	    16 May 2013

		DOCKET NUMBER:  AR20120019084 


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 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM).

2.  The applicant states the awards are not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and DA Form 
2-1 (Personnel Qualification Record).

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.  His DA Form 2-1 shows in Item 5 (Overseas Service) he served in the Republic of Korea (ROK) from 8 September 1990 through 21 January 1991.

3.  He was discharged on 22 March 1991 for reason of physical disability without severance pay.  The applicant's DD Form 214 shows he was awarded or authorized:

* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* National Defense Service Medal (NDSM)
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)

4.  There is no evidence that the applicant was ever awarded the Army Good Conduct Medal while he was in the Army.

5.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  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 included the ROK from 1 October 1966 through 30 June 1974.

	b.  The 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

	c.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  There is no automatic entitlement to the Army Good Conduct Medal; however, disqualification must be justified


7.  The Army Lapel Button is a gratuitous issue.  The eligibility requirements are as follows:  

* Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate)
* Soldiers transitioning under a non-adverse separation provision
* Soldiers who have served a minimum of 9 months continuous service - a break in service is 24 hours or more
* Soldiers who have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after
1 July 1986 
* No Soldier separating from the Service is to be awarded more than one Army Lapel Button

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the AFEM and KDSM.

2.  The evidence of record clearly shows that he served a qualifying period of service for award of the KDSM.  Therefore, this medal should be shown on his DD Form 214.

3.  There is no evidence in his records of any court-martial convictions, personnel actions or statements that would justify the applicant's disqualification for award of the Good Conduct Medal.  Based on the available evidence, he should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  The applicant is also authorized the Army Lapel Button, which should be added on his DD Form 214.

5.  The AFEM is authorized for service in ROK from 1 October 1966 through 
30 June 1974.  The applicant did not arrive in the ROK until 8 September 1990; therefore, he is not eligible for this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (First Award) for exceptional conduct and efficiency during the period 13 March 1990 through 22 March 1991; and

	b.  amending his DD Form 214 to add the Army Good Conduct Medal (First Award), the Korea Defense Service Medal, and the Army Lapel Button.

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 Armed Forces Expeditionary 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)                                         AR20120019084





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ABCMR Record of Proceedings (cont)                                         AR20120019084



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