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ARMY | BCMR | CY2003 | 2003089059C070403
Original file (2003089059C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 January 2004
         DOCKET NUMBER: AR2003089059


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Lee Tinsley Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Ronald J. Weaver Member
Mr. Arthur A. Omartian Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests the Army Good Conduct Medal (GCM), the Armed Forces Expeditionary Medal (AFEM), and the National Defense Service Medal (NDSM), which he earned while on active duty, be added to his DD Form 214 (Report of Separation) and that he be issued the medals.

3. The applicant states in effect, that fellow members of D Battery received these medals and that he received none. He submits in support of his application a letter explaining why he is entitled to the AFEM, a copy of Special Order #54 (Primary Military Occupational Specialty Redesignation), a copy of his DD Form 214, a letter from the Army to his civilian supervisor requesting a leave of absence and a copy of the applicant’s DA Form 2139 (Military Pay Voucher) showing when he departed Taiwan.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

5. His DD Form 214 shows, that on 3 January 1958, he was inducted in the Regular Army, was promoted to E-3 on 23 October 1958 and was honorably discharged on
17 December 1959 with 1 year, 11 months and 15 days creditable service.

6. His DD Form 214 shows he received the Marksman (Carbine) Badge and the Basic Artilleryman Badge with Missile Bar and his DD Form 214 also shows that he served 9 months and 9 days in an undetermined overseas theater and that he had no days lost time.

7. Reconstructed records show that the applicant left Seattle, Washington on 23 September 1958 for Keelung, Taiwan. On 21 June 1959, he left Keelung, Taiwan and returned to San Francisco, California.

8. Army Regulation 600-8-22, paragraph 2-12 states, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for U.S. operations of assistance for friendly foreign nations. Personnel must be a bona fide member of a unit and engaged in the operation and have served not less than 30 consecutive days in the area of operations. The regulation shows that the AFEM was authorized for U.S. military operations in the Taiwan Straits from 23 August 1958 to 1 January 1959.

9. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

10. Army Regulation 600-8-22, paragraph 4-5c states, in pertinent part, that the Army Good Conduct Medal is awarded for exemplary behavior, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For the first award only, upon termination of service on or after 27 June 1950, the soldier must have served less than 3 years but more than 1 year in order to qualify for the award.

CONCLUSIONS:

1. Reconstructed records show that the applicant served a period of qualifying service in Taiwan for award of the Armed Forces Expeditionary Medal.

2. There is no evidence of indiscipline, lost time, or disqualification for award of the Good Conduct Medal in the available records.

3. Records also indicate that the applicant served on active duty 3 January 1958 to 17 December 1959, which was not a record of qualifying service for the National Defense Service Medal.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected by:

a. showing that the individual concerned was awarded the Armed Forces Expeditionary Medal for the period 8 October 1958 to 21 June 1959 for operations in the Taiwan Straits; and

b. awarding the individual concerned the Army Good Conduct Medal for the period 3 January 1958 to 17 December 1959;

2. That so much of the application as pertains to award of the NDSM be denied.

BOARD VOTE:

__jl___ ___rw__ __ao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Joann Langston_____ CHAIRPERSON



INDEX

CASE ID AR2003089059
SUFFIX
RECON
DATE BOARDED 20040122
TYPE OF DISCHARGE HD
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107 Good Conduct Medal
2. Armed Forces Expeditionary Medal
3. National Defense Service Medal (deny)
4.
5.
6.


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