IN THE CASE OF:	  

		BOARD DATE:	  	   28 April 2009

		DOCKET NUMBER:  AR20090001429 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Expeditionary Medal (Armed Forces Expeditionary Medal).

2.  The applicant states, in effect, that he was awarded the Armed Forces Expeditionary Medal when he was sent to the Dominican Republic and it does not show on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 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.  On 24 September 1963, the applicant enlisted in the Regular Army for a period of 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).  The applicant was honorably released from active duty on 23 September 1966 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 
2 years, 11 months, and 29 days of active military service and the highest rank/grade he held during his tenure of service was Specialist Five (SP5)/E-5.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the National Defense Service Medal.  It does not show the Armed Forces Expeditionary Medal.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) in Item 31
(Foreign Service) shows that he served in the Dominican Republic from 3 May 1965 to 21 May 1966.  Item 41 (Awards and Decoration), shows the National Defense Service Medal.  It does not show the Armed Forces Expeditionary Medal.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Armed Forces Expeditionary Medal was carefully considered and found to be without merit.  There is no evidence in the applicant’s military service records that shows he was awarded the Armed Forces Expeditionary Medal.  There also is no evidence in his records that shows he served in direct support of the United Nations, and U.S. operations to assist friendly foreign nations.  The qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days.  There is no evidence in his available record and the applicant did not provide any evidence to support of his request.  In view of all of the foregoing, the applicant provides insufficient documentary evidence to support his claim for award of the Armed Forces Expeditionary Medal in this case.

2.  The sincerity of the applicant’s request for the Expeditionary Medal is not in question.  However, there is insufficient evidence to support granting his request. 

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:

_____X___  _____X___  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20090001429



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ABCMR Record of Proceedings (cont)                                         AR20090001429



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