BOARD DATE: 13 February 2018 DOCKET NUMBER: AR20160010126 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: 13 February 2018 DOCKET NUMBER: AR20160010126 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 awarding him 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 awarding him the Korean Service Medal and 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: 13 February 2018 DOCKET NUMBER: AR20160010126 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 award of the Korean Service Medal (KSM) and the Armed Forces Expeditionary Medal (AFEM). 2. The applicant states, in effect, he served a period of qualifying service in Korea. In addition, he claims he is authorized the AFEM for his involvement in Operation Uphold Democracy while assigned to Company A, 82nd Signal Battalion. 3. The applicant provides: * Permanent Orders 189-22 * AAA-347 (Enlisted Record Brief) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 2166-7 (Noncommissioned Officer Evaluation Report) * Orders 316-273 * Orders I318-21 * Section VII (Current and Previous Assignments), DA Form 2-1 (Personnel Qualification Record) 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 3 December 1992. 3. Evidence shows he served with the 2nd Infantry Division, Korea, on or about 26 January 1998 to approximately 24 February 1999. 4. His official military record contains no evidence, to include deployment orders or certificates of participation, which would support his contention of participating in Operation Uphold Democracy. 5. He was honorably discharged from active duty on 6 August 2000. His DD Form 214 shows he completed 7 years, 8 months and 4 days of net active service of which 1 year and 29 days was foreign service. His DD Form 214 does not list the KSM or the AFEM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who 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. c. The AFEM 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. The AFEM will be awarded only for operations for which no other U.S. campaign medal is approved. Qualifying service for this award includes participation in Operation Uphold Democracy in Haiti during the period 16 September 1994 through 31 March 1995. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show award of the KSM and the AFEM has been carefully considered and found to have partial merit. 2. The available evidence shows the applicant completed a period of qualifying service for award of the KDSM, not the KSM. He served with the 2nd Infantry Division, Korea, on or about 26 January 1998 to approximately 24 February 1999. The KSM was not authorized during this period of service. 3. The applicant contends his record should be corrected to show award of the AFEM for service in Operation Uphold Democracy. 4. The available evidence does not show he participated in Operation Uphold Democracy. Notwithstanding the applicant's sincerity, he provides no evidence and his official military record contains no evidence in the form of deployment orders, certificates of participation, or entries annotated on his DA Form 2-1, which are normally found in association with such a deployment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2