IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005421 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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 June 1973: * Vietnam Service Medal * Korean Service Medal (determined to refer to the Korea Defense Service Medal) 2. The applicant states he served in Korea from 1971-1972 and he was awarded the Armed Forces Expeditionary Medal. He states they were in support of the Vietnam Campaign. He served with the Armed Forces Korea Network (AFKN), U.S. Army Pacific (USARPAC) – Korea, near the demilitarized zone (DMZ). He served in multiple locations. One was on the DMZ at the terminal link. He was housed next to the air traffic controller group. 3. The applicant provides: * DD Form 4 (Enlistment Contract, Armed Forces of the United States), dated 14 September 1970 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * service medical 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. In the processing of this case the ABCMR was unable to obtain the applicant's military personnel service records from the National Personnel Records Center in St. Louis, MO. This case is being considered using records provided by the applicant. 3. On 14 September 1970, he enlisted in the Regular Army for 3 years. 4. Item 31 (Foreign Service) of his DA Form 20 shows he was assigned to USARPAC - Korea from 16 September 1971 - 10 October 1972. No additional foreign service is shown. 5. He was assigned to the AFKN, USARPAC - Korea from 22 September 1971 - 10 October 1972. 6. On 14 June 1973, he was released from active duty. He completed 2 years, 9 months, and 1 day of active service. His DD Form 214 shows he was awarded or is authorized the: * Armed Forces Expeditionary Medal * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. b. The 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. 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. DISCUSSION AND CONCLUSIONS: 1. According to the records provided by the applicant, he did not serve in an organization in Vietnam, Thailand, Laos, or Cambodia participating in or directly supporting military operations in Vietnam. 2. His service in Korea from 16 September 1971 - 10 October 1972 meets the criteria for the Korea Defense Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 14 June 1973 to include the Korea Defense Service Medal. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Vietnam 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) AR20150005421 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005421 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1