IN THE CASE OF:
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140001134
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal for her service in Korea while stationed at the 121st Evacuation Hospital, Yongsan, Korea.
2. The applicant states, in effect, she was not aware that her service during Desert Shield/Storm was not recorded on her DD Form 214. She served in direct support of Operation Desert Shield/Storm while stationed at the 97th General Hospital in Frankfurt, Germany. She is requesting that her DD Form 214 be corrected because she is requesting membership in the Veterans of Foreign Wars (VFW).
3. The applicant provides:
* a cover letter from the New Mexico Department of Veterans' Services
* DD Form 214
* 2 DA Forms 67-8 (Officer Evaluation Report)
* 2 Officer Record Briefs (ORB)
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. On 29 August 1984, the applicant was appointed as a Reserve Commissioned Officer of the U.S. Army, as a member of the Army Nurse Corps.
3. The evidence shows she entered active duty on 30 August 1984.
4. The applicant provides an ORB which shows she was assigned to the 121st Evacuation Hospital, Yongsan, Korea, from September 1986 to September 1987 and to the 97th General Hospital, Frankfurt, Germany, from October 1987 to July 1991.
5. On 29 September 1993, she was honorably released from active duty. The DD Form 214 she was issued at the time shows she was awarded or authorized the:
* Meritorious Service Medal (1st Oak Leaf Cluster)
* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon with Numeral "2"
6. Her name is not listed in the Operations Desert Shield/Desert Storm Database compiled by the Defense Manpower Data Center. The primary file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Armed Forces Expeditionary Medal is authorized for participants 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. The Armed Forces Expeditionary Medal will be awarded only for operations for which no other U.S. campaign medal is approved.
b. Army Regulation 600-8-22, table 2-2 lists Korea as a qualifying area for the Armed Forces Expeditionary Medal during the period 1 October 1966 to 30 June 1974.
c. 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. Her record does not show she served during a qualifying period in Korea for entitlement to the Armed Forces Expeditionary Medal. Therefore, she is not entitled to have the Armed Forces Expeditionary Medal added to her DD Form 214.
2. The evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal. Therefore, her DD Form 214 should be corrected to show this award.
3. With respect to joining the VFW, the ABCMR corrects records and does not do so solely for the purpose of establishing eligibility for other programs or benefits. Their enrollment criteria is not within the purview of this Board. Therefore, questions pertaining to VFW enrollment eligibility should be addressed to that organization.
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 her DD Form 214 the Korea Defense Service Medal.
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 adding the Armed Forces Expeditionary Medal to her 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) AR20140001134
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ABCMR Record of Proceedings (cont) AR20140001134
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