BOARD DATE: 12 June 2014 DOCKET NUMBER: AR20130018983 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), for service in the Republic of Korea during the Vietnam conflict. 2. As a secondary issue, the applicant requests replacement of his Army Good Conduct Medal and National Defense Service Medal, which he lost in a house fire. 3. The applicant states he was not aware that he was qualified for award of the AFEM. 4. The applicant provides no additional evidence in support of his request. 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 26 April 1965, the applicant was inducted into the Army of the United States. He completed initial entry training and was awarded military occupational specialty 13D (Field Artillery Rocket Crewman). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from on or about 17 September 1965 through 16 October 1966. 4. On 25 April 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve after completing 2 years of total active service, including 1 year and 1 month of foreign service in the Republic of Korea. The DD Form 214 he was issued shows he was awarded or authorized the Army Good Conduct Medal and the National Defense Service Medal. 5. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges unit decorations, and similar devices awarded in recognition of accomplishments. a. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. b. 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. c. The AFEM is authorized for qualifying service in the Republic of Korea from 1 October 1966 to 30 June 1974. DISCUSSION AND CONCLUSIONS: 1. Army Regulation 600-8-22 states the AFEM was awarded for service in the Republic of Korea, from 1 October 1966 to 30 June 1974, provided the recipient met the minimum service qualifications including service for a period of 30 consecutive or 60 nonconsecutive days during the eligibility window. 2. The available evidence shows the applicant's service in the Republic of Korea ended on 16 October 1966, which is prior to completion of at least 30 consecutive days after 1 October 1966, the beginning date of the window of eligibility. Accordingly, he is not entitled to this portion of the requested relief. 3. With respect to the issuance of medals, the ABCMR corrects records; it does not issue medals or badges. Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served. For Army personnel, the National Personnel Records Center will verify the award(s) to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 1 Reserve Way, St. Louis, MO 63132-5100. Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID), P.O. Box 57997, Philadelphia, PA 19111. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ ___X_____ ___X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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) AR20110003129 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130018983 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1