IN THE CASE OF:
BOARD DATE: 9 June 2014
DOCKET NUMBER: AR20140018819
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM).
2. The applicant states she served in Korea for 1 year, 1 month, and 1 day.
3. The applicant provides her 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 7 August 1979.
3. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record Part II) shows she served in Korea from 27 June 1984 to 29 July 1985.
4. She was honorably discharged on 7 February 1989. Her DD Form 214 does not show the AFEM, the KDSM, or the Overseas Service Ribbon (OSR).
5. 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.
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 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 evidence shows she successfully completed an overseas tour in Korea. Therefore, she is authorized the KDSM and the OSR and correction of her
DD Form 214 to show these awards.
2. She served in Korea from 27 June 1984 to 29 July 1985. Army Regulation 600-8-22 provides that the AFEM is authorized for service in Korea during the period 1 October 1966 to 30 June 1974. Therefore, she did not serve a period of qualifying service in Korea for award of the AFEM. As a result, there is no basis for granting this portion of her request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
____x___ ____x___ ____x___ 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 KDSM and the OSR.
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 to her DD Form 214 the AFEM.
_______ _ _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) AR20140018819
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ABCMR Record of Proceedings (cont) AR20140018819
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