IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130010122
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 the Armed Forces Expeditionary Medal (AFEM) and/or the Vietnam Service Medal (VSM).
2. The applicant states he was stationed in Korea from March 1959 through March 1960 and he was also assigned on temporary duty (TDY) to Clark Air Base in the Philippines during the period August - December 1959. He adds that he is making this request in order to qualify for property tax abatement.
3. The applicant provides a DD Form 214, DD Form 215 (Correction to DD Form 214), DA Form 24 (Service Record), Department of Veterans Affairs Certificate of Eligibility, and State of New Hampshire Tax Credits/Deferral Application.
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 enlisted in the Regular Army on 5 May 1958.
3. Section 4 (Chronological Record of Military Service) and Section 5 (Service Outside Continental United States) of his DA Form 24 show he served in Korea from 9 March 1959 to 24 February 1960 and that he was assigned to the Philippines in a TDY status from 20 September to 28 December 1959.
4. He was honorably released from active duty on 20 April 1961. His DD Form 214, as amended by a DD Form 215, dated 2 August 2012, shows he earned the following:
* Army Good Conduct Medal
* Letter of Congratulations
* National Defense Service Medal
* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle and Carbine Bars
5. Army Regulation 600-8-22 (Military Awards) states:
a. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. 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. Table 2-2 of Army regulation 600-8-22 indentifies designated U.S. military operations which are authorized the AFEM. This table does not show service in Korea and/or the Philippines during the period of the applicant's active duty service as qualifying service for award of the AFEM.
b. The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the AFEM and/or the VSM based on his service in Korea and in the Philippines has been carefully considered.
2. The awards regulation does not identify service in Korea and/or the Philippines during the period 1958-1961 as service for which the AFEM is authorized. Therefore, there is no basis to correct his DD Form 214 to show this award.
3. He did not serve a period of qualifying service in Vietnam for award of the VSM. Therefore, there is no basis to correct his DD Form 214 to show this award.
4. Based on the foregoing, there is no basis to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130010122
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ABCMR Record of Proceedings (cont) AR20130010122
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