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ARMY | BCMR | CY2006 | 20060000676C070205
Original file (20060000676C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060000676


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. David K. Haasenritter         |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Ms. Susan A. Powers               |     |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, correction of his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) to show award
of the Armed Forces Expeditionary Medal, the National Defense Service
Medal, and the Army Service Ribbon.

2.  The applicant states, in effect, that these awards were approved after
his separation and were not retroactively instituted.  The applicant
contends that his unit's participation in Operation Blue Bat in Lebanon
resulted in the institution of the Armed Forces Expeditionary Medal.

3.  The applicant provides fact sheets on the Armed Forces Expeditionary
Medal, the National Defense Service Medal, and the Army Service Ribbon; a
copy of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge); three photographs; an AE Form 2253 (Headquarters,
United States Army, Europe, APO 403 USAREUR Ration Card); a DD Form 217A
(Certificate of Service); a certificate from Headquarters, American Land
Forces Middle East, dated 13 September 1958; Headquarters, 201st Logistical
Command, American Land Forces Middle East, U.S. Forces Troop Movement and
Assignment Order Number 21, dated 2 October 1958; Headquarters, 320th U.S.
Army Security Agency Battalion Special Orders Number 170, dated 17 October
1958; Headquarters, United States Army Task Force 201 Special Orders Number
35, dated 11 September 1958; six pages of newspaper clippings; and a
National Personnel Records Center letter, dated 31 October 2005, in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 March 1960, the date of his release from active duty.  The
application submitted in this case is dated 10 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.  The applicant enlisted in the Army on 11 January 1957 for a period of
three years.  After completion of basic and advanced individual training,
he was assigned to the Headquarters and Service Company of the 320th Army
Security Agency Battalion and awarded military occupational specialty
056.10 (Direction Finding Operator).  On 30 March 1960, the applicant was
honorably released from active duty and transferred to the United States
Army Reserve to complete his reserve obligation.

4.  Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214
shows he served 2 years, 4 months, and 22 days.  Item 26 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of this form shows he was awarded the Good Conduct Medal.

5.  The applicant's DD Form 214 does not show award of the Armed Forces
Expeditionary Medal, the National Defense Service Medal, or the Army
Service Ribbon.

6.  An AE Form 2253 (Headquarters, United States Army, Europe, APO 403
USAREUR Ration Card) was issued to the applicant on 28 September 1958, and
is "stamped" with the words "Valid in Beirut, Lebanon Only."

7.  The applicant submitted a Headquarters, American Land Forces Middle
East Certificate, dated 13 September 1958.  The certificate shows that the
applicant served with the American Land Forces Middle-East, Lebanon in
1958.  This certificate is authenticated by the commanding Major General of
the U.S. Army American Land Forces Middle East.

8.  The applicant submitted Headquarters 201st Logistical Command, American
Land Forces Middle East, APO 379, US Forces Troop Movement and Assignment
Order Number 21, dated 2 October 1958.  These orders assigned the 320th
Army Security Agency Battalion to the 201st Logistical Command, effective 1
October 1958, for the purpose of unit movement.  These orders further show
that, effective 4 October 1958, the 320th Army Security Agency Battalion
commenced movement with personnel and equipment from their present
location, Beirut, Lebanon to Bad Aibling, Germany.

9.  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
during a specified time period.  Paragraph 2-12c specifically provides that
individuals qualified for the Armed Forces Expeditionary Medal for service
in Lebanon from 1 July 1958 and 1 November 1958 shall remain qualified for
that medal.
10.  Army Regulation 600-8-22 as amended provides 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 11 September 2001 to a
date to be determined.  This regulation also provides that any member of
the United States Army Reserve who, after 31 December 1960, becomes
eligible for the award of the Army Forces Expeditionary Medal, is also
eligible for award of the National Defense Service Medal.

11.  Army Regulation 600-8-22 shows that the Army Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  This regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award upon successful completion of initial
entry training.  The award may be awarded retroactively to those personnel
who completed the required training before 1 August 1981 provided they had
an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of
the Armed Forces Expeditionary Medal, the National Defense Service Medal,
and the Army Service Ribbon.

2.  Regulation states that the Armed Forces Expeditionary Medal is awarded
for service in Lebanon from 1 July 1958 and 1 November 1958.  Evidence
shows the applicant's unit was deployed in Beirut, Lebanon during the
period September 1958 through October 1958.  Therefore, the applicant is
entitled to show award of the Armed Forces Expeditionary Medal and
correction of his records to show this award.

3.  Evidence shows after the applicant's release from active duty, he was
transferred to the United States Army Reserve to complete his service
obligation. Based on the applicant's award of the Armed Forces
Expeditionary Medal, he is entitled to award of the National Defense
Service Medal.  Therefore, his DD Form 214 should be corrected to show
award of the National Defense Service Medal.

4.  There is no evidence in the available records and the applicant has not
provided sufficient evidence showing that he served on active duty after 1
August 1981.  Therefore, the applicant does not meet the regulatory
qualifications for award of the Army Service Ribbon.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 March 1960; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 March 1963.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_DKH____  _JKR__  __SAP___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 the Armed
Forces Expeditionary Medal and the National Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Army Service Ribbon.




                               __David K. Haasenritter___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000676                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  118  |107.0072.0000                           |
|2.  115                 |107.0069.0000                           |
|3.  124                 |107.0078.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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