BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130020750 


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 award of the Korea Defense Service Medal (KDSM) and Armed Forces Expeditionary Medal (AFEM).

2.  He states these awards should be added to his DD Form 214.

3.  He provides an Internet reference for the AFEM, correspondence he received from the National Personnel Records Center (NPRC), and a Standard Form 180 (Request Pertaining to Military Records).

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 10 February 1966, the applicant was inducted into the Army of the United States.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 27 July 1966 through on or about 25 August 1967.

4.  Headquarters, 2d Battalion, 71st Artillery Regiment, Special Orders Number 2, dated 20 February 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  On 9 February 1968, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal (NDSM) and Army Good Conduct Medal (AGCM).

6.  On 2 May 2003, NPRC notified him that they had verified his entitlement to the AGCM, NDSM, and Expert Marksmanship Qualification Badge with Rifle Bar, and that issuance of the awards had been authorized.

7.  He provided the first page of a letter from NPRC, dated 4 November 2013, showing they authorized shipment of the KDSM to him.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  The AFEM is authorized for qualifying service in Korea during the period 1 October 1966 to 30 June 1974.

9.  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who 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.  His service in Korea meets the criteria for award of the AFEM and KDSM.  He is entitled to correction of his DD Form 214 to show these awards.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.  He is entitled to correction of his DD Form 214 to show this badge.

BOARD VOTE:

__X______  _X______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the following awards to his DD Form 214:

* AFEM
* KDSM
* Expert Marksmanship Qualification Badge with Rifle 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)                                         AR20130020750



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ABCMR Record of Proceedings (cont)                                         AR20130020750



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