IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140013172
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).
2. The applicant states he is authorized the AFEM based on his service in Korea.
3. The applicant provides a copy of 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 was inducted into the Army of the United States on 5 October 1966.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 26 February 1967 to 3 March 1968.
4. Special Orders Number 61, issued by Headquarters, 519th Military Police Battalion on 6 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar.
5. He was honorably released from active duty on 4 October 1968. His
DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. 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 shows the AFEM is authorized for service in Korea during the period 1 October 1966 to 30 June 1974.
d. The Korea Defense Service Medal (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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the AFEM was carefully considered.
2. The evidence of record shows he served a period of qualifying service in Korea for award of the AFEM; therefore, this award should be added to his
DD Form 214.
3. Based on his service in Korea, he is also authorized the KDSM and correction of his DD Form 214 to show this award.
4. Special orders show he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar. This badge should also be added to his
DD Form 214.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 adding to his DD Form 214 the Armed Forces Expeditionary Medal, Korea Defense Service Medal, and Marksman Marksmanship Qualification Badge with Pistol Bar.
_______ _ 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) AR20140013172
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ABCMR Record of Proceedings (cont) AR20140013172
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