IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130012600
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 Korea Defense Service Medal (KDSM).
2. The applicant states he served in Korea from 4 January 1967 to 4 January 1968 and should have been awarded the AFEM. The KDSM was not authorized until after his service in Korea.
3. The applicant provides his DD Form 214 and various medical documents.
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. On 8 August 1966, he was inducted into the Army of the United States. He was awarded military occupational specialty 76W (Petroleum Storage Specialist). The highest rank/grade he held was specialist five (SP5)/E-5.
4. He provides a medical document that shows he received medical treatment at the 543rd Dispensary Annex in Korea on 2 September 1967. The form further shows that he arrived in Korea on 4 January 1967.
5. He provides a Standard Form 600 (Health Record - Chronological Record of Medical Care) showing he received additional treatment at the 543d Dispensary Annex in the months of October, November, and December 1967.
6. On 6 August 1968, he was honorably released from active duty. He completed 1 year, 11 months, and 29 days of creditable active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
7. A review of his record indicates entitlement to additional awards not listed on his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states 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.
a. Table 2-2 lists Korea as a qualifying area for the AFEM during the period 1 October 1966 to 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 Republic of Korea. 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 (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. His record shows his service met the criteria for award of the AFEM. As such, he is entitled to have this medal added to his DD Form 214.
2. His record shows his service met the criteria for award of the KDSM. Therefore, he is entitled to have the KDSM added to his DD Form 214.
3. There is no evidence he was awarded an AGCM. Though there are no performance records available, it would be reasonable to presume the absence of this award was due to an oversight based on his promotion to SP5 in less than 2 years of service. Therefore, it would be appropriate to award him the AGCM for the period 8 August 1966 through 6 August 1968 and add this medal to his DD Form 214.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 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:
a. awarding him the AGCM for the period 8 August 1966 through 6 August 1968 and
b. adding to his DD Form 214 for the period ending 6 August 1968 the:
* AGCM (1st Award)
* AFEM
* KDSM
_____________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) AR20130012600
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ABCMR Record of Proceedings (cont) AR20130012600
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