IN THE CASE OF: BOARD DATE: 22 December 2011 DOCKET NUMBER: AR20110013049 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 and the Armed Forces Expeditionary Medal for his service in Korea. 2. The applicant states he served in the Republic of Korea continuously from 22 November 1966 to 2 April 1968. The awards he is requesting were created after he was honorably discharged. He requests a corrected DD Form 214. 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 was inducted into the Army on 29 June 1966. He completed training and was awarded military occupational specialty (MOS) 94B (Cook). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) that he began his service in Korea on 21 November 1966; b. item 35 (Record of Assignments) that he was assigned to Headquarters Detachment, U.S. Army Pusan Base Command, U.S. Army Pacific-Korea, from 28 November 1966 to 31 March 1968; and 4. He was honorably released from active duty on 2 April 1968 as a specialist four/E-4. He had completed 1 year, 9 months, and 4 days of creditable active service. His DD Form 214 shows in: * Item 22c (Foreign and/or Sea Service), he completed 1 year 4 months, and 12 days of foreign service in U.S. Army Pacific (USARPAC) * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Good Conduct Medal, National Defense Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar 5. Army Regulation 600-8-22 (Military Awards) states the: a. Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974; and b. Korea Defense Service Medal 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 could be corrected to show award of the Korea Defense Service Medal and Armed Forces Expeditionary Medal because he served in Korea from 22 November 1966 to 2 April 1968. 2. The evidence of record shows the applicant served in Korea from 21 November 1966 to 31 March 1968. 3. He served a qualifying period for award of the Armed Forces Expeditionary Medal and Korea Defense Service Medal. These medals should be listed on his DD Form 214. BOARD VOTE: ____x___ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 to item 24 of his DD Form 214 the Armed Forces Expeditionary Medal and Korea Defense Service Medal. ____________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) AR20110006177 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013049 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1