RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060000311


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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 his record of awards and
decoration be corrected to show 2nd award of the Armed Forces Expeditionary
Medal.

2.  The applicant states that he "was awarded the medal for service in
Lebanon in the year of 1958.  The second award was for service in Vietnam,
 
1968 – 1969."

3.  The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 May 1972, the date he was released from active duty.
The application submitted in this case is dated 1 November 2005; however,
it was received for processing on 5 January 2006.

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.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) shows the awards of the
Armed Forces Expeditionary Medal and the Republic of Vietnam Service Medal.
 However, it does not show the applicant was awarded the 2nd award of the
Armed Forces Expeditionary Medal.

4.  Item 38 (Record of Assignments) of the DA Form 20 (Enlisted
Qualification Record) shows that the applicant served with the 322nd
Aviation Support Detachment in the Republic of Vietnam during the period 19
July 1968 to 14 May 1969.

5.  There are no orders in the available record which shows the applicant
was awarded the 2nd award of the Armed Forces Expeditionary Medal.

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 for
friendly foreign nations.  Qualifying service for this award includes
participation in Lebanon during the period  
1 July 1958 through 1 November 1958.

7.  Army Regulation 600-8-22, provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  Paragraph 2-13d specifically provides that individuals qualified
for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July
1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.
Upon request, a unit personnel officer may award the Vietnam Service Medal
in lieu of the Armed Forces Expeditionary Medal, but the regulation
requires that the Armed Forces Expeditionary Medal be removed from the
records of the individual.  No person will be entitled to both awards for
Vietnam Service.

8.  Review of the applicant's records indicates entitlement to additional
awards and decorations not shown in item 24 of his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in Vietnam Counteroffensive Phase V (1 July 1968 – 1 November
1968), the Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February
1969), the Tet 69 Counteroffensive (23 February 1969 – 8 June 1969), and
the Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) campaigns.
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the 2nd award of the
Armed Forces Expeditionary Medal.

2.  There are no general orders that show the applicant was awarded the  
2nd award of the Armed Forces Expeditionary Medal.

3.  The applicant's record shows he was awarded the Armed Forces
Expeditionary Medal for his service in Lebanon.

4.  The applicant does not meet the criteria for the 2nd award of Armed
Forces Expeditionary Medal for his service in the Republic of Vietnam
because he was not in the Republic of Vietnam during the period 1 July 1958
and 3 July 1965 (inclusive).  Therefore, he is not entitled to the 2nd
award of the Armed Forces Expeditionary Medal.

5.  Record shows that the applicant participated in four campaigns during
his service in the Republic of Vietnam.  Therefore, is eligible for award
of four bronze service stars to be affixed to his Republic of Vietnam
Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 May 1975.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

7.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___rom__  ___rml___  ___ena__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations
prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.

3.  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 to show the
award of four bronze service stars to be affixed to his Republic of Vietnam
Service Medal.




                                  _________Eric N. Andersen_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000311                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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