RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 JUNE 2006
      DOCKET NUMBER:   AR20050017041


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Gunlicks                |     |Chairperson          |
|     |Mr. Larry olson                   |     |Member               |
|     |Ms. Peguine 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 that he be awarded the Armed Forces
Expeditionary Medal (AFEM).

2.  The applicant states that he served with the 176th Army Security Agency
(ASA) Company in Taipei, Formosa (Taiwan) during the period of 27 July 1957
through 10 October 1958 and should have been awarded the AFEM for that
service.

3.  The applicant provides copies of morning reports showing when he was
assigned to the 176th ASA Company in Taiwan and when he departed.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 September 1959.  The application submitted in this case is
dated 29 October 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 limitations 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 are 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.

4.  He enlisted on 18 September 1956 for a period of 3 years.  He completed
his training and was transferred to the 176th ASA Company in Taiwan on 27
July 1957 and remained there until 10 October 1958, when he was transferred
to Fort Meade, Maryland.

5.  He remained at Fort Meade until he was honorably released from active
duty on 17 September 1959 due to the expiration of his term of service
(ETS).  He had served three years of total active service of which 1 year,
2 months and 24 days was spent in Taiwan.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Armed Forces Expeditionary Medal for qualifying service
after 1 July 1958 in U.S. military operations, U.S. operations in direct
support of the United Nations, and U.S. operations of assistance to
friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation or
to serve in the area of operations for 30 days, or to be engaged in direct
support of the operation for 30 consecutive or 60 nonconsecutive days
provided this support involves entering the area of operations.  The
regulation also provides that the Armed Forces Expeditionary Medal may be
awarded if the individual served the full period in cases when the
operation is less than 30 days in duration, if the individual is engaged in
actual combat with armed opposition regardless of the period of service, if
the individual participates as a member of an aircraft flying in support of
the operation, or if the individual is recommended (or attached to a unit
recommended) for award of the medal if the above criteria have not been
met.  The designated military operations and dates of eligibility for this
award for the Taiwan Straits is from 23 August 1958 to 1 January 1959.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is authorized the award of the AFEM
has been noted and appears to have merit.

2.  The AFEM was authorized for the period beginning 23 August 1958 and
required that individuals serve in the area of operations for 30
consecutive days in order to be eligible for the award.  The applicant did
not depart Taiwan until 10 October 1958, which is more than sufficient time
to qualify for that award.

3.  Accordingly, it would be in the interest of justice to award him the
AFEM at this time and to add it to his records.









BOARD VOTE:

___JG __  ____LO _  ____PT  _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the AFEM and by adding it
to his records.




                            _____James Gunlicks_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017041                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060622                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19590917                                |
|DISCHARGE AUTHORITY     |AR 635-200 & AR 635-250                 |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |118/AFEM                                |
|1.107.0072              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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