IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080015544 


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 the Armed Forces Expeditionary Medal (AFEM) be added to his record and separation document (DD Form 214). 

2.  The applicant states, in effect, that he served with the 76th and 176th Army Security Agency (ASA) Companies in Taiwan in the late 1950s through 1962 and believes he is authorized the AFEM based on this service.

3.  The applicant provides no documentary evidence in support of his 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 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 record shows that he initially enlisted in the Regular Army and entered active duty on 4 September 1958, and was trained in and awarded military occupational specialty 051.10 (Intelligence Specialist).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows in item 29 (Foreign Service) that he served in Taiwan from 18 August 1959 through 18 February 1962 and in Korea from 27 October 1963 through 14 November 1964.

4.  The applicant's Service Record (DA Form 24) shows in Section 1 (Appointments, Promotions, or Reductions) that the applicant was promoted to specialist five on 12 June 1961 and was laterally appointed to sergeant on 28 June 1962, and that this is the highest grade he held while serving on active duty.  Section 4 (Chronological Record of Military Service) shows that while serving in Taiwan, he was assigned to the 176th ASA Company from 25 August 1959 through 31 May 1961 and to the 76th ASA Company from 1 June 1961 through 20 February 1962.

5.  On 19 February 1962, the applicant was honorably discharged for the purpose of immediate reenlistment.  The Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) he was issued at the time shows he earned the Army Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Carbine (M-2) Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar during the period of service covered by the separation document (4 September 1958-19 February 1962).

6.  On 20 February 1962, the applicant reenlisted for 3 years and continued to serve on active duty until 19 February 1965, at which time he was honorably discharged by reason of expiration of term of service.  The DD Form 214 he was issued at this time shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and AGCM (2nd Award) during the period covered by the separation document (20 February 1962-19 February 1965).

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-12 contains guidance on the AFEM and states, in pertinent part, that it is awarded to members of the Armed Forces who, after 1 July 1958, participated in designated operations.  Table 2-2 identifies all the operations for which the AFEM is authorized and shows that it is authorized for service in the Taiwan Straits during the period 23 August 1958 to 1 January 1959 and for service in Korea from 1October 1966 to 30 June 1974.    


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is authorized to receive the AFEM based on his service in Taiwan was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, the AFEM was authorized for service in the Taiwan Straits during the period 23 August 1958 through 1 January 1959 and the applicant's tour in Taiwan did not begin until 18 August 1959, which was subsequent to this AFEM qualifying period.  In addition, the regulation identifies no AFEM qualifying periods for service in Taiwan or Korea during the periods the applicant served in these overseas areas.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.

3.  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 this 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.



      __________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)                                         AR20080015544



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ABCMR Record of Proceedings (cont)                                         AR20080015544


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