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ARMY | BCMR | CY2014 | 20140016163
Original file (20140016163 .txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140016163 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his correct foreign service in Korea as well as the awards of the Armed Forces Expeditionary Medal (AFEM), Korea Defense Service Medal (KDSM), and the Overseas Service Ribbon (OSR). 

2.  The applicant states that he served in Korea from 19980625 to 19990812 and that service should be properly reflected in item 12f of his DD Form 214.  He qualifies for awards of the AFEM, KDSM, and OSR.

3.  The applicant provides copies of his DD Form 214 and Officer Record Brief.

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 commissioned as a U.S. Army Reserve second lieutenant on 28 July 1987 and was ordered to active duty on 3 February 1988.  He completed his training as an air defense artillery officer and served in a variety of assignments.  He was promoted to the rank of captain on 1 July 1997.

3.  He was transferred to Korea on 25 June 1998 for duty as a military intelligence officer assigned to Camp Humphreys.  Information received from the Defense Finance and Accounting Service indicates that the applicant served in Korea until 17 June 1999, a period of 11 months and 17 days, and he was transferred to Fort Riley, Kansas.

4.  On 1 April 2000, he was honorably released from active duty (REFRAD) due to completion of required service.  His DD Form 214 issued at the time of his REFRAD shows he performed 1 year and 1 month of foreign service and was awarded the Defense Meritorious Service Medal, Meritorious Service Medal (2nd Award), Army Commendation Medal (2nd Award), Army Achievement Medal (2nd Award), Army Superior Unit Award, National Defense Service Medal, Armed Forces Reserve Medal, and Army Service Ribbon.

5.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Korea from 1 October 1966 and 30 June 1974 (inclusive) shall remain qualified for that medal.

6.  Army Regulation 600-8-22 states 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.

7.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 19980625 – 19990617, a period of 11 months and 17 days of foreign and is entitled to have that information properly reflected in item 12f of his DD Form 214.

2.  Additionally, he served during qualifying periods for awards of the KDSM and the OSR and is entitled to have those awards added to his DD Form 214.

3.  However, he did not serve in Korea during a qualifying period for award of the AFEM and he has not provided evidence to show that he serve in another area that qualifies for that award.  Therefore, in the absence of such evidence there appears to be no basis to add the award of the AFEM to his DD Form 214.

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:

* Deleting the entry “0001  01  00” from item 12f of his DD Form 214
* Adding the entry “0000  11  17” to item 12f of his DD Form 214
* Adding the awards of the KDSM and OSR to his DD Form 214

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 award of the AFEM to his 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)                                         AR20140016163



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ABCMR Record of Proceedings (cont)                                         AR20140016163


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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