BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022480
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 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards and decorations he is authorized.
2. He states, with all of the activity his unit was involved in on the Korean demilitarized zone (DMZ), he is of the opinion his unit was awarded items not show on his DD Form 214.
3. The applicant provides his DD Form 214.
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's record shows he enlisted in the Regular Army on
25 November 1968 for a period of 3 years. He completed training and he was awarded military occupational specialty 36K (wireman).
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 33 (Appointments and Reductions) he was advanced to:
* private first class (PFC)/E-3 effective 1 June 1969 by Special Orders Number 171, issued by Headquarters and Headquarters Company,
2nd Battalion, 23rd Infantry, 2nd Infantry Division (Korea)
* specialist four (SP4)/E-4 effective 13 January 1970 by Special Orders Number 31, issued by Headquarters, 2nd Infantry Division (Korea)
b. item 41 (Awards and Decorations) he was awarded the Armed Forces Expeditionary Medal for service in Korea.
4. His record further contains a letter of appreciation, dated 30 October 1969; a letter of commendation, dated 25 November 1969; and another letter of commendation, dated 24 December 1969, while assigned to Headquarters and Headquarters Company, 2nd Battalion, 23rd Infantry, 2nd Infantry Division.
5. On 17 November 1971, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 23 days of total active service, including 1 year, 11 months, and 17 days of foreign service. The DD Form 214 he was issued at the time shows he was awarded the:
* National Defense Service Medal
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant may have been involved in various activities while assigned to Korea on the DMZ, there is no evidence of record and the applicant did not provide any evidence of any specific award(s) he would be entitled to based on this service.
2. However, the evidence of record shows the applicant served a qualifying period of service in Korea for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
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 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) AR20120022480
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ABCMR Record of Proceedings (cont) AR20120022480
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