RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2008 DOCKET NUMBER: AR20070016200 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. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. James B. Gunlicks Chairperson Mr. Donald W. Steenfott Member Mr. Roland S. Venable Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Armed Forces Expeditionary Medal (AFEM). 2. The applicant states that he believes his service in Korea during the Vietnam War warrants award of the AFEM. 3. The applicant provides his 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 20 September 1962. He served in Korea from 14 September 1964 through 19 August 1965. 3. The applicant was honorably released from active duty on 20 August 1965. His DD Form 214 shows he was awarded the 1st Class Missileman Badge and the Expert Marksmanship Qualification Badge (Rifle M-14). 4. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for U. S military operations, U. S. operations in direct support of the United Nations, and U. S. operations of assistance for friendly foreign nations. It is awarded for service in Korea from 1 October 1966 to 30 June 1974. 5. Army Regulation 600-8-22 states the Korea Defense Service Medal is awarded to service members of the armed forces who served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense. The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas. 6. Army Regulation 600-8-2 states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined. DISCUSSION AND CONCLUSIONS: 1. The applicant did not serve in Korea during a period of time the AFEM was authorized for service in Korea. 2. The applicant does meet the eligibility criteria for award of the Korea Defense Service Medal. He also meets the eligibility criteria for award of the National Defense Service Medal. These two awards should be added to his DD Form 214. 3. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __jbg___ __dws___ __rsv___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board determined that administrative errors in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 to add the Korea Defense Service Medal and the National Defense Service Medal. __James B. Gunlicks___ CHAIRPERSON INDEX CASE ID AR20070016200 SUFFIX RECON DATE BOARDED YYYYMMDD TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 107.0072 2. 3. 4. 5. 6.