IN THE CASE OF:	

		BOARD DATE:	  12 March 2009

		DOCKET NUMBER:  AR20080014577 


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 and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he served on the USS Geiger as an MP (Military Police) in the Theater of the Lebanon Crisis.

3.  In support of his request, the applicant provided a copy of his DD Form 214 and a copy of a VA (Department of Veterans Affairs) Form 21-4138 (Statement in Support of Claim).

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 reconstructed personnel service record shows he served on active duty from 28 December 1956 through 28 December 1959.  He was honorably released from active duty on 28 December 1959 in the rank and pay grade of specialist four (SP4)/E-4, at the expiration of his term of service, and transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  On the date of his release from active duty, the applicant had completed 3 years and 1 day of net active service.

3.  DD Forms 113 (Military Pay Record) on file in the applicant's reconstructed personnel record shows he was assigned to the Reception Station, 1264th Special Unit, Fort Dix, New Jersey, on 28 December 1956.  He was reassigned to Company K, 2nd Training Regiment, Fort Dix, on 17 January 1957.  On
18 April 1957, the applicant was assigned to the Medical Detachment, U.S. Army Hospital, Fort Bragg, North Carolina.  He remained with this unit until 16 June 1958, when he was reassigned to the 10th Field Hospital in Germany.  The applicant reported to the 10th Field Hospital on 28 July 1958.

4.  There is no evidence in the applicant's reconstructed service personnel record that shows he was assigned or attached to the USS Geiger for duty as a Military Police while it was at sea or in coastal waters in the vicinity of Lebanon.  Item 25a. (Specialty Number and Title) of the applicant's DD Form 214 shows that on his release from active duty, he held military occupational specialty (MOS) 768.10 (Supply Specialist).  There is no evidence the applicant held a Military Police MOS.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Good Conduct Medal.  No other award is shown on the applicant's DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards), Table 2-4 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation), shows the announced inclusive dates for award of the Armed Forces Expeditionary Medal for those who served in Lebanon was from 1 July 1958 to 1 November 1958.




7.  Information obtained from the Wikipedia internet site revealed that, operating out of New York, the USS Geiger provided support for the 6th Fleet on station in the turbulent Middle East.  In response to the pro-Soviet takeover of the Syrian Army in August 1957, she steamed in the Mediterranean while the 6th Fleet deployed to protect independent nations in the Middle East, including the 
pro-Western government of King Hussein in Jordan.  In July 1958 she carried troops from European bases to Lebanon to thwart an attempted Communist coup against the government of Lebanon.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the USS Geiger provided support to the 6th Fleet on station in the turbulent Middle East.  The Geiger steamed in the Mediterranean while the 6th Fleet deployed to protect independent nations in the Middle East and in July 1958 carried troops from European bases to Lebanon to thwart an attempted Communist coup against the Government of Lebanon.

2.  The evidence shows that at the time of the attempted Communist coup against the Government of Lebanon, the applicant was assigned to the 10th Field Hospital in Germany.  He reported to the 10th Field Hospital on 28 July 1958 and the evidence shows he remained assigned to this unit until he was returned to the United States for release from active duty.

3.  There is no evidence, and the applicant provided none to show he was assigned or attached to the USS Geiger for duty as a Military Police while it was at sea or in coastal waters in the vicinity of Lebanon.

4.  The evidence shows the applicant held the MOS of a Supply Specialist.  There is no evidence the applicant held the MOS of a Military Police.

5.  Based on the evidence in this case, the applicant is not entitled to award of the Armed Forces Expeditionary Medal and to have this award added to his DD Form 214.

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)                                         AR20080014577



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ABCMR Record of Proceedings (cont)                                         AR20080014577



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