IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080013167
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 (AFEM).
2. The applicant states he was present in Lebanon from 19 July [1958] to 22 October 1958. He states the AFEM was authorized for 30 consecutive or 60 non-consecutive days of duty from 1 July 1958 to 1 November 1958.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 August 1960, a page of his DA Form 24 (Service Record), and a General Services Administration (GSA) Form 7093 (Reply to Inquiry).
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 enlisted in the Regular Army on 29 January 1957 and was discharged on 4 August 1957 for the convenience of the government for the purpose of immediate reenlistment. His DD Form 214 for the period ending 4 August 1957 shows he was awarded the Parachutist Badge during this period.
3. The applicant reenlisted in the Regular Army on 5 August 1957. He was assigned to Germany on 12 September 1957.
4. Section 5 (Service Outside Continental United States) of his Service Record shows he arrived in Beirut, Lebanon, on 19 July 1958 and departed on 22 October 1958. On the following date, he returned to Germany and departed Germany on 12 January 1960 for reassignment to the continental United States.
5. The applicant was honorably released from active duty on 4 August 1960 at his expiration of his term of service. His DD Form 214 for the period ending 4 August 1960 erroneously shows he entered this period of active duty on 29 January 1957.
6. His DD Form 214 for the period ending 4 August 1960 shows the Parachutist Badge and the Expert Infantryman Badge as authorized awards.
7. The applicant enlisted in the Regular Army on 6 April 1962.
8. His service personnel records contain an endorsement, dated 16 October 1963, which shows he was eligible for award of the AFEM for his service in Lebanon from 19 July 1958 to 22 October 1958.
9. The applicant was honorably discharged on 2 July 1965 at his expiration of his term of service. His DD Form 214 for the period ending 2 July 1965 shows the Expert Marksmanship Qualification Badge with Rifle as an authorized award.
10. The applicant provided a copy of a Reply to Inquiry, dated 16 October 1974, which shows that he served in Beirut, Lebanon, from 19 July 1958 to 22 October 1958.
11. 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. Paragraph 2-12 specifically provides that individuals qualified for the AFEM for service in Lebanon from 1 July 1958 to 1 November 1958.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Beirut, Lebanon from 19 July 1958 to 22 October 1958. Therefore, he served a period of qualifying service for award of the AFEM.
BOARD VOTE:
___XX_____ ____XX____ ___XX_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 adding the AFEM to his DD Form 214 for the period ending 4 August 1960.
_________XXXX________________
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) AR20080013167
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ABCMR Record of Proceedings (cont) AR20080013167
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