BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120020475
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 that the appropriate medals for his service in Korea be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he learned from an article in the Veterans of Foreign Wars (VFW) Magazine that he was eligible for certain medals. He does not specify what medals.
3. The applicant provides a copy of his DD Form 214 and four pages from the VFW Magazine for October 2012.
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 was inducted into the Army of the United States on 27 October 1964 and he was trained in military occupational specialty 82C (Artillery Surveyor).
3. He served in Korea with Headquarters and Headquarters Battery, 1st Target Acquisition Battalion, 25th Artillery from 8 June 1965 through 11 June 1966.
4. The applicant returned to the United States and served at Fort Sill, OK until he was released from active duty on 26 October 1966. He was transferred to the U.S. Army Reserve in pay grade E-5. His DD Form 214 lists his authorized awards as the Expert Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, and the Good Conduct Medal.
5. The magazine article the applicant submits in support of his request shows the eligibility period for the Army of Occupation Medal ended in 1949 and the period for the Korean Service Medal ended in 1954. It also shows illustrations of the Korea Defense Service Medal and the Armed Forces Expeditionary Medal.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. The Armed Forces Expeditionary Medal is authorized for Korea from 1 October 1966 to 30 June 1974.
b. The Korea Defense Service Medal 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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet one of several criteria.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not specifically state what awards he was seeking for his Korean service, but the article he submitted illustrated several.
2. The eligibility periods for the Army of Occupation Medal and the Korean Service Medal ended well before his time.
3. The Armed Forces Expeditionary Medal was authorized starting 1 October 1966, which was after the applicant left Korea in June 1966.
4. The Korea Defense Service Medal eligibility period is from 28 July 1954 to a date to be determined. The applicant is eligible for this award and it should be added 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 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 Korea Defense Service Medal to the awards listed on 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) AR20120020475
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ABCMR Record of Proceedings (cont) AR20120020475
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