PROCEEDINGS

	IN THE CASE OFF.

	BOARD DATE:            12 August 2003                  
	DOCKET NUMBER:    AR2003086610

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                             records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his separation document (DD Form 214) be corrected to reflect the foreign service he completed in the Republic of Korea (ROK).  

3.  The applicant states. in effect, that the DD Form 214 issued to him on 
14 August 1968 does not show his service in the ROK.  In support of his application, he provides a copy of his DD Form 214 and a Certificate of Membership, dated 17 April 1968, which confirms he was a member of the Crusader Chapter of the 2nd Infantry Division Association, and a Letter of Appreciation, dated 9 October 1968, co-signed by the battalion commander of 
1st Battalion, 15th Artillery, 2nd Infantry Division, and the Director of Education.  

4.  The applicant’s military records show that he entered the Army on 
14 December 1966.  He was trained and served in military occupational specialty (MOS) 11E (Armor Crewman), and he continuously served on active duty for 
1 year, 8 months, and 1 day until being honorably released from active duty (REFRAD) on 14 August 1968.  On the date of his separation, he held the rank and pay grade of sergeant/E-5 (SGT/E-5), which is the highest rank he held while serving on active duty.  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms, in Item 31 (Foreign Service), that he served overseas in the ROK from 9 July 1967 through 8 August 1968.  Item 38 (Record of Assignments) verifies this service in the ROK and that while assigned there he was assigned to Headquarters and Headquarters Company, 1st Battalion, 72nd Armor. 

6.  Item 22c (Foreign Service) of the DD Form 214 issued to the applicant on the date of his separation from active duty, 14 August 1968, shows that he completed 1 year, 1 month, and 6 days of foreign service in the United States Army Pacific Command (USARPAC).  

7.  The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

8.  Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared and issued to all personnel at the time of their retirement, discharge, or release from active duty.  It also stipulated that the amount of foreign service listed would reflect the foreign service performed during that specific period of service covered by the DD Form 214 and that the last overseas theater in which this service was performed.  It also specified that the inclusive dates of any service performed in Korea would be addressed with a Yes or No entry in the Remarks section of the DD Form 214.  

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s Awards policy.  Paragraph 2-12c provides guidance on awarding the Armed Forces Expeditionary Medal (AFEM).  It states, in pertinent part, that the AFEM is authorized to all individuals who served in the ROK during the period 1 October 1966 to 30 June 1974.

10.  Chapter 4 of the awards regulation provides guidance on awarding the AGCM.  It states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his separation document (DD Form 214) be corrected to show his foreign service he served in the Republic of Korea (ROK).  The evidence of record confirms that he served in the ROK for 
1 year, 1 month, and 6 days, from 9 July 1967 through 8 August 1968.  Therefore, the Board concludes it would be appropriate to add the following entry to Item 30 (Remarks) of the applicant’s DD Form 214, dated 16 May 1969, “Indochina - No, Korea -Yes”.

2.  The Board also determined that based on his service in Korea, the applicant was entitled to receive the AFEM.  Further, lacking any derogatory information on file in his record or a specific disqualifying action from any of his active duty unit commanders, the record shows he served a qualifying period of honorable service from 14 December 1966 to 14 August 1968 that entitles him to receive the first award of the AGCM.  Thus, the Board concludes it would be appropriate to add these awards to the applicant’s record at this time. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending Item 18 (Remarks) of the 14 August 1968 DD Form 214 of the individual concerned by adding the entry “Indochina – No, Korea – Yes”; by awarding him the first award of the Army Good Conduct Medal, for his honorable qualifying service from 14 December 1966 to 14 August 1968; by showing he is entitled to the Armed Forces Expeditionary Medal based on service in Korea during a qualifying period; and by providing him a corrected separation document that includes these changes. 

BOARD VOTE:  

FCJ_  __WDP__  __TSK_  GRANT AS STATED IN RECOMMENDATION

________  ________  ___  GRANT FORMAL HEARING

________  ________  ___  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

CASE ID	AR2003086610	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 	
DISCHARGE REASON		
BOARD DECISION	 GRANT	
REVIEW AUTHORITY		
ISSUES         1. 251	120.0000	
2.		
3.		
4.		
5.		
6.