IN THE CASE OF:
BOARD DATE: 22 JULY 2008
DOCKET NUMBER: AR20080006140
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, in effect, that he be awarded the Armed Forces Expeditionary Medal.
2. The applicant essentially states that he never received the Armed Forces Expeditionary Medal that he is entitled to. He also states, in effect, that other members of his unit in Taiwan, the 176th United States Army Security Agency (USASA) Company, received the Armed Forces Expeditionary Medal. He further states that he was assigned to this unit from 1957 to 1959. He continued by stating that he tried to join the Veterans of Foreign Wars (VFW), but must show that he was awarded the Armed Forces Expeditionary Medal in order to do so.
3. The applicant provides no additional evidence in support of this application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show that he enlisted in the Regular Army on 21 June 1956. After completing initial entry training, he departed the continental United States on 9 April 1957 for a tour in Taiwan, where he served with the 176th USASA Company. He returned to the continental United States on or about 22 March 1959, and was stationed at Camp Wolters, Texas until he was honorably released from active duty on 20 June 1960. The DD Form 214 that he was issued does not show that he was awarded any awards, decorations, or badges.
3. The applicant's DD Form 214 does not show that he was awarded the Armed Forces Expeditionary Medal. However, he served a tour in Taiwan from 9 April 1957 to on or about 22 March 1959.
4. During a review of the applicants records, it was determined that he is entitled to a badge that is not shown on his DD Form 214.
5. The applicant's DD Form 214 does not show that he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar. However, Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) shows that he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar by Headquarters, 316th USASA Battalion Special Orders Number 32, dated 8 March 1960.
6. 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. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. This regulation also essentially shows that service in the Taiwan Straits during the period
23 August 1958 to 1 January 1959 was a qualifying period for a United States military operation for award of the Armed Forces Expeditionary Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Armed Forces Expeditionary Medal.
2. The evidence of record shows that the applicant served in Taiwan for more than 30 consecutive days during a qualifying period for award of the Armed Forces Expeditionary Medal. Therefore, he is entitled to award of the Armed Forces Expeditionary Medal, and correction of his military records to show this award.
3. Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Carbine Bar, but it is not listed on his DD Form 214. Therefore, he is entitled to correction of his military records to show the award of the Marksman Marksmanship Qualification Badge with Carbine Bar.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Armed Forces Expeditionary Medal, and by showing the award of the Marksman Marksmanship Qualification Badge with Carbine Bar.
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States. The applicant and all Americans should be justifiably proud of his honorable service in arms.
___ XXX ___
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) AR20080006140
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