IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090001935 


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 feels he is entitled to this medal.  He adds that he served near Nans, France, in approximately 1960 and 1961.  In his request to the Board, the applicant claims that he did not know he could request this medal until a friend told him about it.

3.  In support of his request, the applicant provided a copy of a DD Form 214 with an effective date of his release from active duty on 12 April 1961; a copy of a DD Form 214 with an effective date of his release from active duty on 5 August 1962; a copy of his DA Form 20 (Enlisted Qualification Record); a copy of his DA Form 24 (Service Record); a copy of a note of appreciation to Soldiers who responded to the call of our country in 1961-62 signed by the then Secretary of the Army, Cyrus Vance; a copy of orders discharging him from the Reserve at the expiration of his term of service on 31 March 1965; and a copy of a DA Form 1577 (Authorization for Issuance of Awards) addressed to him by the Army Reserve Personnel Center, St. Louis, Missouri, dated 13 October 1989.

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 he was inducted into the Army of the United States on 23 April 1959.  He completed his basic combat and advanced individual training and was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).  The applicant was later awarded MOS 550.00 (Supply Handler).

3.  The applicant was honorably released from active duty on 12 April 1961 in the rank/grade of private first class (PFC)/E-3, under the provisions of Army Regulation 635-205 (Personnel Separations – Discharge and Release – Convenience of the Government), as an early release of overseas returnee.  On the date of his release from active duty the applicant had completed 1 year,
11 months, and 20 days of net service this period with no time lost.

4.  Item 24c. (Foreign and/or Sea Service) of the applicant's DD Form 214 for the period ending 12 April 1961 shows he served overseas for 1 year, 7 months, and 2 days.  Item 29 (Foreign Service) of the applicant's DA Form 20 shows he served in Germany from 11 September 1959 through 2 April 1961.  The DA Form 20 does not show any service by the applicant in France.

5.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
12 April 1961 shows the entry "None" indicating he received no awards during this period of service.

6.  Headquarters, Second United States Army, Fort George G. Meade, MD, Letter Order M9-86, dated 5 September 1961, ordered the applicant to active duty on 12 October 1961 for 12 months, unless sooner relieved, with a reporting date to the 430th Transportation Company, Fort Eustis, Virginia, of 16 October 1961.

7.  A DD Form 220 (Active Duty Report), dated 6 November 1961, on file in the applicant's personnel record shows he reported for active duty on 16 October 1961. 
8.  Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 shows that during the period he was ordered to active duty he had no overseas service.  Section 4 (Chronological Record of Military Service) of this same form shows he spent the period from 16 October 1961 to 5 August 1962 at Fort Eustis, Virginia assigned to the 430th Transportation Company.

9.  The applicant was honorably released from active duty on 5 August 1962 in the rank/grade of private (PV2)/E-2, under the provisions of Army Regulation 635-205.  On his release from active duty, he was given a separation program number (SPN) code of 753 (Release of Unit of USAR and Return Thereof to Corps Control).  On the date of his release from active duty, the applicant had completed 9 months and 20 days net service this period with no time lost.  Item 24c of the applicant's DD Form 214 for this period shows he performed no overseas service.

10.  Army Regulation 600-8-22 (Military Awards), shows that during the period of the applicant's service on active duty the Armed Forces Expeditionary Medal was awarded to Soldiers who served on Quemoy and the Matsu Islands (23 August 1956 to 1 June 1963), and to Soldiers who served in Berlin (14 August 1961 to
1 June 1963) in designated U.S. military operations.  The Armed Forces Expeditionary Medal was also awarded to Soldiers who served in the Congo 
(14 July 1960 to 1 September 1962) in designated U.S. military operations in direct support of the United Nations and to Soldiers who served in Vietnam
(1 July 1958 to 3 July 1965) and in Laos (19 April 1961 to 7 October 1962) in designated U.S. military operations of assistance to a friendly foreign nation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served on active duty for the period from
23 April 1959 through 12 April 1961 and for the period from 16 October 1961 through 5 August 1962.

2.  There is no evidence, and the applicant provided none, to show he was deployed to or that he served in any of the countries or areas for which the Armed Forces Expeditionary Medal was awarded during the period of his service as an inductee and his order to active duty service which followed.

3.  Based on the evidence in this case, the applicant is not entitled to award of the Armed Forces Expeditionary Medal and to have it 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)                                         AR20090001935



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ABCMR Record of Proceedings (cont)                                         AR20090001935



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