BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000187 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000187 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 (Report of Separation from Active Duty) for the period ending 17 December 1974 to add the Korea Defense Service Medal. 2. The Board further determined 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 Armed Forces Expeditionary 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000187 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, the spouse of the deceased former service member (FSM), requests the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM) be added to the FSM's DD Form 214 (Report of Separation from Active Duty). 2. The applicant states she believes it was a clerical error upon discharge that the AFEM was not included on the FSM's DD Form 214 and the KDSM was not issued at the time of his discharge. 3. The applicant provides the FSM's death certificate and his DD Form 214 for the period ending 12 September 1974. 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 FSM enlisted in the Regular Army on 7 September 1972. 3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Battery in Korea on 26 July 1974. Item 41 (Awards and Decorations) does not list the AFEM. 4. The Army honorably discharged him on 12 September 1974 for the purpose of immediate reenlistment. The DD Form 214 issued for this period shows he served 1 month and 26 days of foreign service and was awarded the National Defense Service Medal. 5. He reenlisted on 13 September 1974 while assigned to Camp Casey, Korea. His DA Form 20 shows he served in Korea from 17 July 1974 to 16 December 1974. 6. The Army discharged him from active duty on 17 December 1974. The DD Form 214 issued for this period shows he completed 5 months of foreign service and the AFEM and KDSM are not listed as authorized awards. Item 27 (Remarks) of his DD Form 214 for the period ending 17 December 1974 shows his last country of overseas assignment as "Korea." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 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 service in Korea from 1 October 1966 to 30 June 1974. 2. Army Regulation 600-8-22 states the KDSM 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: 1. The evidence of record indicates the FSM served in Korea from 17 July 1974 to 16 December 1974. By regulation, qualifying service for award of the AFEM includes service in Korea from 1 October 1966 to 30 June 1974. Since he did not serve a period of qualifying service the AFEM, he was not eligible for this award. 2. The FSM served a period of qualifying service in Korea for the KDSM; however, this award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000187 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2