IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130011494
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 National Defense Service Medal, Korea Defense Service Medal, and the Armed Forces Expeditionary Medal.
2. The applicant states the awards are not shown on his DD Form 214.
3. The applicant provides a 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 enlisted in the Regular Army on 20 April 1962.
3. Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.
4. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he arrived in Korea on 7 February 1964. Section
2 (Chronological Record of Military Service) shows he departed Korea on
17 February 1965.
5. He was honorably released from active duty on 6 March 1965. His DD Form 214 shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle and Missile Bars and the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
c. The Armed Forces Expeditionary Medal 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 Armed Forces Expeditionary Medal. This table shows the Armed Forces Expeditionary Medal is authorized for service in Korea during the period 1 October 1966 to
30 June 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the National Defense Service Medal, Korea Defense Service Medal, and the Armed Forces Expeditionary Medal has been carefully considered.
2. The applicant served a period of qualifying active duty service for award of the National Defense Service Medal. Therefore, this award should be added to his DD Form 214.
3. Based on his service in Korea, he is authorized the Korea Defense Service Medal and correction of his DD Form 214 to show this award.
4. Special orders show he earned the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. This badge should also be added to his DD Form 214.
5. He served in Korea from 7 February 1964 through 17 February 1965. The Armed Forces Expeditionary Medal is authorized for service in Korea during the period 1 October 1966 to 30 June 1974. Therefore, the portion of his request that pertains to this award should be denied.
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 adding to his DD Form 214 the following:
* National Defense Service Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
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 the 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) AR20130011494
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ABCMR Record of Proceedings (cont) AR20130011494
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