IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080004440 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show award of the Armed Forces Expeditionary Medal and the Vietnam Service Medal.

2.  The applicant states, in effect, that he should be awarded the Armed Forces Expeditionary Medal for his service in Taiwan and Thailand for the period May 1963 to January 1965 and the Vietnam Service Medal for his service in Thailand from October 1964 to January 1965.

3.  The applicant provides no additional documentation in support of this case.

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.  The applicant enlisted in the Regular Army on 9 July 1962 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 281.10 (Microwave Radar Repairmen).

3.  The applicant arrived in Taiwan and was assigned to the U.S. Army Signal Communications Agency (USARSCAT) on or about 19 June 1963.  He departed Taiwan on or about 28 October 1964.  The applicant was reassigned to Headquarters and Headquarters Battery, 2nd Battalion, 44th Field Artillery, Fort Sill, Oklahoma.

4.  The applicant arrived in Thailand in a temporary duty (TDY) status with the 207th Signal Company on or about 4 November 1964.  He departed Thailand on or about 29 January 1965.  On 8 July 1965, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

5.  The applicant's DD Form 214 for the period ending 8 July 1965 shows he was awarded the Army Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.

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 designated military operations and dates of eligibility for this award are specified in this regulation and show it was awarded for service in Taiwan during the period 23 August 1953 through 1 January 1959 and for service in Thailand during the period 29 March 1973 through 15 August 1973.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 
1965 through 28 March 1973.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, during the same period and serving in direct support of operations in Vietnam are also eligible.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 


8.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served in Taiwan from on or about 19 June 1963 through 28 October 1964 and in Thailand from on or about 
4 November 1964 through 29 January 1965.  However, the governing regulation for award of the Armed Forces Expeditionary Medal shows that it was not awarded for service in Taiwan or Thailand during the periods he served in those countries.  Therefore, he is not eligible award of the Armed Forces Expeditionary Medal.

2.  Evidence of record shows that the applicant served in Thailand from on or about 4 November 1964 through 29 January 1965.  Unfortunately, the applicant departed Thailand before the effective date that would have made him eligible for award of the Vietnam Service Medal.

3.  Evidence of record shows that the applicant met the eligibility criteria for award of the National Defense Service Medal.  Therefore, his DD Form 
214 should be amended to show this award.

4.  Evidence shows that the applicant’s records contain an 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

__xxx __  ___xxx__  ___xxx___    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 an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the National Defense Service Medal.



                 xxxxx                   
      CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004440



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ABCMR Record of Proceedings (cont)                                         AR20080004440



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