IN THE CASE OF:
BOARD DATE: 13 JANUARY 2009
DOCKET NUMBER: AR20080008032
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 award of the Armed Forces Expeditionary Medal
for his service in Korat, Thailand, during the period from 26 August 1962 to
3 December 1962.
2. The applicant states the omission of this and any other unit awards has made justifying eligibility for various Department of Veterans Affairs (VA) benefits very difficult.
3. The applicant provides, in support of his application, copies of excerpts from his DA Form 24 (Service Record), his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 2 October 1963, and his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).
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 personnel record shows he initially enlisted in the Regular Army on 3 October 1960 for a period of 3 years. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty of 111.00 (Light Weapons Infantryman).
3. The applicant was assigned to Headquarters and Headquarters Company,
1st Battle Group, 35th Infantry in Hawaii during the period from 21 February 1961 to 28 January 1963.
4. Section 5 (Service Outside Continental United States) of the applicant's
DA Form 24 shows he was deployed to "Korat AHD, Thailand" during the period from 28 August 1962 to 3 December 1962.
5. Section 9 (Medal, Decorations, and Citations) of the applicant's DA Form 24 does not contain an entry for the Armed Forces Expeditionary Medal.
6. On 2 October 1963, the applicant was released from active duty by reason of expiration of term of service. He had completed 3 years of active service that was characterized as honorable. Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he is authorized the Armed Forces Expeditionary Medal.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. A review of this pamphlet showed there were no unit awards authorized for Headquarters and Headquarters Company, 1st Battle Group, 35th Infantry during the applicant's period of assignment.
8. 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 participated in operations or in direct support of operations for
30 consecutive or 60 nonconsecutive days. Table 2-4 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations of Assistance to a
Friendly Foreign Nation) lists the area of Thailand during the period from
29 March to 15 August 1973, only for those in direct support of Cambodia operations, as eligible for the Armed Forces Expeditionary Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Armed Forces Expeditionary Medal for his service in Korat, Thailand, during the period from
26 August 1962 to 3 December 1962.
2. Although Army Regulation 6-8-22 designates Thailand as a U.S. Military Operation for the award of the Armed Forces Expeditionary Medal, it is for a period well beyond the applicant's period of service in Thailand.
3. A review of Department of the Army Pamphlet 672-3 does not show his unit received any unit awards during the period he was assigned.
4. The applicant contends it is difficult obtaining benefits from the VA without the unit awards to which he feels he is entitled. The Board does not change military records solely to make an individual eligible for benefits from another agency.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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.
_________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) AR20080008032
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