RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070009820 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. John G. Heck

Member

Mr. Qawiy A. Sabree

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his place of birth as Matamoros, Tamaulipas, Mexico; his date of birth as 22 December 1936; and his awards to include the National Defense Service Medal and the Armed Forces Expeditionary Medal for service in Lebanon. 

2.  The applicant states, in effect, that his DD Form 214 contains incorrect data pertaining to his place and date of birth and does not show all of his awards.

3.  The applicant provides copies of his DD Form 214 and DD Form 1577, Authorization for Issuance of Awards.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 22 September 1953, the applicant enlisted in the Regular Army for 
3 years.  He completed his initial training and was awarded military occupational specialty 640.00 (Light Vehicle Driver).

3.  On 21 September 1956, the applicant was discharged for the purpose of immediate reenlistment.  On 22 September 1956, he reenlisted for another 
6 years in the Regular Army.  

4.  On 13 May 1960, the applicant requested correction of his date and place of birth.  He provided a statement and a copy of his birth certificate to support his request.  On 7 June 1960, the applicant’s personnel records were corrected to show that his date of birth was 22 December 1936; and his place of birth was Matamoros, Tamaulipas, Mexico.

5.  The applicant’s Service Record (DA Form 24) shows in Section 5 (Service Outside of the United States) that he served overseas in Lebanon during the period from 23 July to 3 August 1958 (12 days).  Section 9 (Medals, Decorations, and Citations) shows that he was awarded the Good Conduct Medal, National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Carbine Bar.

6.  On 21 September 1962, the applicant was discharged from the Regular Army with an honorable characterization of service.  He had attained the rank of specialist four, pay grade E4; and had completed 9 years of creditable active service.

7.  Item 5 (Place of Birth) of the applicant’s DD Form 214 shows his place of birth as Edcouch, Texas.  Item 6 (Date of Birth) of this same form shows his date of birth as 22 December 1934.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this same form lists only the Good Conduct Medal and the Expert Marksmanship Qualification Badge with Carbine Bar.  It does not show award of the National Defense Service Medal or the Armed Forces Expeditionary Medal. 

8.  On 4 May 1989 and on 17 February 1992, the Army Personnel Center, St Louis, Missouri, issued DD Forms 1577 showing entitlement to award of the Good Conduct Medal, National Defense Service Medal, and the Armed Forces Expeditionary Medal for his service in Lebanon.    

9.  Army Regulation 600-8-22 (Military Awards) 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 the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  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 are specified in Army Regulation 600-8-22.  The AFEM is authorized for qualifying service in Lebanon during the period from 1 July to 1 November 1958.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served in Lebanon for 12 days from 23 July to 3 August 1958.  Even though he was issued a DD Form 1577 showing authorization for award of the Armed Forces Expeditionary Medal, his service in Lebanon does not qualify him for this award.  Therefore, his request should be denied.

2.  The evidence of record clearly shows that he was awarded the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record clearly shows that the United States Army corrected his personnel records to show that his date of birth was 22 December 1936; and his place of birth was Matamoros, Tamaulipas, Mexico.  Therefore, his DD Form 214 should be corrected to show this corrected data.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_QAS ___  __JCR __  __JGH__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing in items 5 and 6 of his DD Form 214 his place of birth and date of birth as Matamoros, Tamaulipas, Mexico; and 22 December 1936; and

b.   showing that, in addition to the awards shown on his DD Form 214, that his awards include 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 Armed Forces Expeditionary Medal.  




__   Jeffrey C. Redmann_____
          CHAIRPERSON




INDEX

CASE ID
AR20070009820
SUFFIX

RECON
 
DATE BOARDED
20071213 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.
2.
107
3.

4.

5.

6.