APPLICANT REQUESTS:  That he be awarded the Armed Forces Expeditionary Medal (AFEM).  He states that he has found that veterans who served in Southeast Asia received the AFEM among other awards.  Since he was stationed at four locations in Thailand from October 1964 to November 1965, and performed temporary duty in Laos and Vietnam, he should be eligible for the AFEM.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 5 November 1962 and received training as a micro-wave radio equipment repairman.  He was honorably discharged at the completion of his term of service on 4 November 1965.  His DD Form 214, Report of Transfer or Discharge, shows that he was awarded the Sharpshooter Badge with rifle and carbine bar and the Marksman Badge with rifle bar.

His military service record reflects that he served 14 months in Hawaii and 1 year in Thailand.  There is no evidence of temporary duty assignments in Laos and Vietnam.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the AFEM was authorized for US military operations, US operations in direct support of the United Nations, and US operations of assistance for friendly foreign nations.  It was awarded to service members who served in Laos from 19 April 1961 to 7 October 1962, Vietnam from 1 July 1958 to 3 July 1965 and in Thailand from 29 March 1973 to 15 August 1973.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 4 November 1965, the date of his separation.  The time for the applicant to file a request for correction of any error or injustice expired on 4 November 1968.

The application is dated 28 February 1994 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

                      EXCUSE FAILURE TO TIMELY FILE

                      GRANT FORMAL HEARING

                      CONCUR WITH DETERMINATION




		Karl F. Schneider
		Acting Director