IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005757 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) and DA Form 20 (Enlisted Qualification Record) to show the: * Korea Defense Service Medal * Armed Forces Expeditionary Medal * Korean Presidential Unit Citation 2. The applicant states the above medals were never awarded or authorized for his military service in Korea. 3. The applicant provides: * DD Form 214 * Printout for award of the Korea Defense Service Medal * Printout for the Armed Forces Expeditionary Medal 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's records show he enlisted in the Regular Army on 28 January 1966 and he held military occupational specialty 76S (Stock Control and Accounting Specialist). 3. His DA Form 20 shows he served in Korea, U.S. Army Pacific (USARPAC), from 4 January 1967 to 6 December 1967. He was assigned to the 3rd Battalion, 32nd Infantry Regiment, 7th Infantry Division. 4. He was honorably released from active duty in the rank/grade of staff sergeant/E-6 on 27 June 1969. He completed 3 years of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the following awards: a. The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. 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. Qualifying service for this award includes participation in Korea from 1 October 1966 to 30 June 1974. b. The Korea Defense Service Medal is authorized for award to members who have served on active duty in support of the defense of the Republic of Korea. 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 area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 6. Department of the Army General Orders (GO) Number 50, dated 1971, announced award of the Republic of Korea Presidential Unit Citation to the 7th Infantry Division for service from 17 September 1950 to 27 March 1971. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Korea from 4 January 1967 through 6 December 1967 which is a qualifying period for award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal. Neither award is shown on his DD Form 214. 2. GO awarded the 7th Infantry Division the Republic of Korea Presidential Unit Citation for service from 17 September 1950 to 27 March 1971. This foreign unit award is not listed on his DD Form 214. 3. With respect to the DA Form 20: a. The DA Form 20 is a snapshot of a Soldier's personnel data as it was at the time the form was produced and it was used as an internal management tool to assist officials processing a Soldier's assignment/reassignment, promotions, and career progression. The DA Form 20 is no longer active or accessible after a Soldier's discharge. Additionally, the DA Form 20 became obsolete in the mid-1970s when it was replaced by the DA Form 2-1 (Personnel Qualification Record), which is also now obsolete. b. Since the DA Form 20, and its successor, the DA Form 2-1, are not normally accessible by individuals other than the Soldier, there is normally no basis for correcting these documents. 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 adding to his DD Form 214 the: * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Republic of Korea Presidential Unit Citation 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 correcting/updating his DA Form 20 with the requested awards. ____________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) AR20150005757 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005757 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1