IN THE CASE OF:	

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080006758 


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 records to show his deployment to the Taiwan Straits (Army and Air Post Offices (APO) 63) during the period 5 September 1958 to 1 October 1958 and in effect, award of the Armed Forces Expeditionary Medal (AFEM).  

2.  The applicant states that his deployment to the Taiwan Straits was in support of U.S. Forces engaged with foreign armed opposition and hostile actions.  While he was stationed on the island of Okinawa at the 3rd U.S. Army Security Agency (USASA) Field Station, he and other enlisted men were chosen for deployment to the Taiwan Straits (APO 63).  He served at Linkow Air Station, which was besieged by missile fire from the China mainland during the hostilities involving Quemoy and Matsu Islands.  His deployment involved technical support for forces involved in locating, identifying, and tracking via radio signal identification, the movement of hostile force troop units on the China mainland.  He states that there were no recognition or commendation medals for deployment to the Taiwan Straits until the year 1961.  The AFEM was introduced by an executive order and he believes that he is qualified for this award because of his temporary duty (TDY) to the Taiwan Straits during a period of foreign armed opposition 
(23 August 1958 to 1 January 1959).  He participated in the Taiwan Straits from 5 September 1958 to 1 October 1958.
 
3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); an addendum to his application; and Morning Reports.  


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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s DD Form 214 shows he enlisted in the Regular Army on
6 February 1956.  His DD Form 214 shows he attained the rank of sergeant (SGT)/E-5.

4.  A 3rd USASA Field Station Morning Report, dated 5 September 1958, shows the applicant was assigned TDY to the 176th USASA Company, APO 63 (Taipei, Taiwan) for a period of approximately 30 days.  

5.  A 3rd USASA Field Station Morning Report, dated 1 October 1958, shows the applicant was reassigned from TDY to the 176th USASA Company, APO 63 to duty.

6.  The applicant was released from active duty on 23 January 1959 under the provisions of Army Regulation 635-200 by reason of early separation of overseas returnees.  

7.  Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he completed 2 years and 5 days of foreign service.  



8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In the version in effect at the time, it directed that total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 24c.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AFEM 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.  Qualifying service for this award includes participation in the Taiwan Straits from 23 August 1958 through 1 January 1959.

DISCUSSION AND CONCLUSIONS:

1.  The 3rd USASA Field Station Morning Reports verify that the applicant served TDY in Taiwan from 5 September 1958 to 1 October 1958 (a period of 27 days).  

2.  The applicant’s DD Form 214 currently reflects 2 years, 11 months, and 18 days of foreign service.  However, it cannot be determined if his TDY in Taiwan was included in this period of foreign service and separate deployments were not authorized to be listed on the DD Form 214 at that time.  Therefore, there is insufficient evidence on which to base correction of item 24c on his DD Form 214 to show additional foreign service.

3.  There is no evidence of record available which shows the applicant served in actual ground combat or equally hazardous activity in the Taiwan Straits.  Additionally, he did not meet the minimum time requirement for award of the AFEM.  Therefore, there is insufficient evidence to show he has met the established requirements for award of the AFEM.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _________X_____________
               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)                                         AR20080006758



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ABCMR Record of Proceedings (cont)                                         AR20080006758



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