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ARMY | BCMR | CY2005 | 20050017798C070206
Original file (20050017798C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050017798


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Armed Forces
Expeditionary Medal and that it be added to his DD Form 214, Armed Forces
of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was assigned as permanent
party at the Iriomote Jungle School in excess of 120 days in direct support
of the 173rd Support Battalion's (Airborne) activities.

3.  In support of his application, the applicant submits a copy of his DD
Form 214; a copy of a Headquarters Detachment, 173rd Support Battalion,
DA Form 2496, Disposition Form, Subject:  Personnel Participating in
Jungle Training, dated 9 January 1964; a copy of a detachment roster for
Headquarters and Headquarters Detachment, 173d Support Battalion
(Airborne), dated 21 October 1964; and a copy of a letter addressed to
another person from his Member of Congress (MOC).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 31 March 1965, the date of his release from active duty.  The
application submitted in this case is dated 1 December 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the
Army of the United States on 4 April 1963.  He completed his basic combat
and his advanced individual training at Fort Dix, New Jersey.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 050 (Low Speed Radio Operator).  The applicant's MOS was
changed from 050.07 to 053.07 (Radio Teletype Operator) on 25 November 1964
by Special Orders Number 260, paragraph 13 published by the 173rd Airborne
Brigade (Separate).
4.  Section 2 (Chronologic Record of Military Service), of the applicant's
DA Form 24, Service Record, shows the applicant departed from the
Continental United States (CONUS) en route to the US Army in the Pacific
(USARPAC) on 26 October 1963.

5.  On arrival in the USARPAC, the applicant was assigned to Company C
(Support and Transport), 173rd Support Battalion.  The applicant served
with this unit until he was returned to the CONUS on 30 March 1965.  The
applicant was released from active duty on his return to the United States.

6.  Geographically, Iriomote Island is part of the Ryukyu (or Okinawan)
Islands in the Pacific Ocean.

7.  The applicant was honorably released from active duty, on 31 March
1965, under the provisions of Army Regulation (AR) 635-200, Early Release
Overseas Returnee.  He was released from active duty in the rank/pay grade
of Specialist Four/E-4.  On the date he was released from active duty, he
had completed 1 year, 11 months, and 27 days active military service, with
no lost time.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Good Conduct Medal, the Parachutist Badge; the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-1
Rifle]; the Expert Marksmanship Qualification Badge, with Rifle Bar [M-14
Rifle]; and the Marksman Marksmanship Qualification Badge, with Pistol
Bar [.45 caliber pistol].  The Armed Forces Expeditionary Medal is not
shown on the applicant's DD Form 214.

9.  There is no entry in Section 9 (Medals, Decorations, and Citations), of
the applicant's DA Form 24, showing he was awarded the Armed Forces
Expeditionary Medal.

10.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the Armed Forces Expeditionary Medal is authorized for
participants in military operations within a specific geographic area and
during a specified time period.  An individual, who was not engaged in
actual combat or equally hazardous activity, must have participated in
operations or in direct support of operations for 30 consecutive or 60
nonconsecutive days.  The designated US military operations, areas, and
dates are shown in paragraph 2-12.c. subparagraphs (1) through (14) and in
paragraphs d. and e. subparagraphs (1) through (4) in AR 600-8-22.
11.  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 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995, and from 11
September 2001 to a date to be determined.  The applicant served on active
duty during one of the qualifying periods for award of the National Defense
Service Medal.  His DD Form 214 does not show his entitlement to the
National Defense Service Medal.

12.  With his application, the applicant submitted a copy of a letter from
a MOC addressed to another person, a former Soldier.  The other person's
name is shown on both the disposition form and the detachment roster.  This
other person was apparently awarded the Armed Forces Expeditionary Medal
with the MOC's assistance.  This letter from the other Soldier's MOC lacks
critical details such as the military operation for which the other Soldier
qualified for award of the Armed Forces Expeditionary Medal, the date of
the military expedition, and the name of the country in which the
expedition took place.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Okinawa in the
USARPAC from 26 October 1963 through 30 March 1965.  While in Okinawa,
the applicant served with Company C (Support and Transport), 173rd
Support Battalion.

2.  The awards regulation, paragraph 2-12, and applicable subparagraphs,
fail to show that the Armed Forces Expeditionary Medal was designated for
any US military operation in Okinawa during the period the applicant served
there.

3.  Even though a formed Soldier in the applicant's unit on Iriomote Island
was awarded the Armed Forces Expeditionary Medal, the documents the
applicant submitted to include the MOC’s letter do not provide sufficient
evidence and detail to enable the Board to determine if he was awarded the
Armed Forces Expeditionary Medal for this service.  The other Soldier's
military history of service and possible deployments are not known.  It was
noted by the Board that the MOC's letter to this other Soldier was not
written until 23 January 1991.

4.  Based on the evidence in this case, the applicant is not entitled to
award of the Armed Forces Expeditionary Medal and to have it added to his
DD Form 214.
5.  The evidence does show that the applicant served on active duty during
one of the qualifying periods for award of the National Defense Service
Medal.  He is therefore entitled to award of the National Defense Service
Medal and to have it added to his separation document.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__CLG __  __JBG__  __PMT___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding the applicant the National Defense Service Medal and
adding it to his DD Form 214.




                                  ______Curtis L. Greenway ___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017798                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY (With Note)                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.   46  |107.0000                                |
| 2.   118               |107.0072                                |
| 3.                     |                                        |
| 4.                     |                                        |
| 5.                     |                                        |
| 6.                     |                                        |


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