IN THE CASE OF: BOARD DATE: 16 June 2020 DOCKET NUMBER: AR20190013940 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of: * Legion of Merit * Armed Forces Expeditionary Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 26 July 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He received the Legion of Merit upon his retirement. b. That he should also be awarded Armed Forces Expeditionary Medal, Global War on Terrorism Service Medal, and the Korea Defense Service Medal and they be added to his records. 3. On 27 April 1973, the applicant enlisted in the Regular Army. 4. On 27 April 1976, he was honorably discharged for immediate reenlistment. His DD Form 214 (Report of Separation from Active Duty) for this period shows he was awarded or authorized the following: * National Defense Service Medal * Parachutist Badge * Meritorious Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 5. On 28 April 1976, he reenlisted in the Regular Army. 6. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report), dated 7 June 1993, shows he was assigned to the18th Medical Command, Korea, from June 1992 through May 1993. 7. On 30 April 1997, he was retired. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows he was awarded or authorized the: * Meritorious Service Medal (4th Award) * Army Commendation Medal (2nd Award) * Army Achievement Medal (5th Award) * Army Good Conduct Medal (7th Award) * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon (4th Award) * Expert Field Medical Badge * Driver and Mechanic Badge with Driver-W Bar 8. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending 30 April 1997: • One oak leaf cluster to his previously-issued National Defense Service Medal • Korea Defense Service Medal • Parachutist Badge • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 9. His records are void of orders awarding him the Legion of Merit; however, his records contained a Legion of Merit Certificate, dated 5 May 1997, and shows the medal was awarded for exceptionally meritorious conduct in the performance of outstanding services in various positions of great responsibility during the period 30 April 1987 to 30 April 1997. 10. In accordance with regulation, the Global War on Terrorism was initiated for service starting on or after 11 September 2001. The applicant is not eligible for this award. 11. The applicant is not eligible for award of the Armed Forces Expeditionary Medal. No evidence of records was found that he served in one of the operations identified in tables 2-3, 2-4, and 2-5 of paragraph 2-13, AR 600-8-22, qualifying for award if this medal. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. His DD Form 214 for the period ending 30 April 1997 should have the following awards added to it: • Legion of Merit • One oak leaf cluster to his previously-issued National Defense Service Medal • Korea Defense Service Medal • Parachutist Badge • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 2. The applicant is not eligible for award of the Global War on Terrorism Service Medal or the Armed Forces Expeditionary Medal according to regulation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 adding to his DD Form 214 for the period ending the following awards: • Legion of Merit • One oak leaf cluster to his previously-issued National Defense Service Medal • Korea Defense Service Medal • Parachutist Badge • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 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 award of the Global War on Terrorism Service Medal or the Armed Forces Expeditionary Medal. 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. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Legion of Merit is awarded to any service member of the Armed Forces of the United States or a friendly foreign nation who has distinguished himself or herself by exceptionally meritorious conduct in the performance of outstanding services and achievements. (1) The performance must have been such as to merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, assignment, or experience of an individual is not an adequate basis for this award. (2) The award of all decorations, except for the Medal of Honor, will be announced in permanent orders by the appropriate awards approval authority. b. The National Defense Service Medal may be awarded for both active and Reserve service for honorable active service for any period between (dates inclusive): (1) 1 January 1961 and 14 August 1974 (Vietnam). (2) 2 August 1990 and 30 November 1995 (Persian Gulf). c. The Armed Forces Expeditionary Medal may be awarded to service members of the Armed Forces of the United States who, after 1 July 1958: (1) Participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. (2) Encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. (3) The Armed Forces Expeditionary Medal may be authorized for U.S. operations, areas, and dates identified in tables 2-3, 2-4, and 2-5 of paragraph 2-13, AR 600-8-22. (4) Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations while engaged in actual combat, or duty, which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; or was wounded or injured and required medical evacuation from the AOE while participating in the operation, regardless of time. d. The Global War on Terrorism Service Medal was established by Executive Order 13289, dated 12 March 2003, to recognize service members of the Armed Forces of the United States who have participated in or served in support of a Global War on Terrorism operations outside of the designated area of eligibility on or after 11 September 2001 to a date to be determined. (1) The Chairman of the Joint Chiefs of Staff will designate approved operations on a case by case basis when requested by the combatant commanders. (2) Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive or for 60 nonconsecutive days. e. The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003, Public Law 107–314. It is authorized for award to service 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 area of eligibility and period of eligibility are as follows: (1) The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. (2) The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013940 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1