IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090012179
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 (Report of Transfer or Discharge) to show the "Jungle Expert" Badge, the "Beirut Peace Keeping Force Task Force" Badge, and the Armed Forces Expeditionary Medal.
2. The applicant states, in effect, that the badges were not reported by his company, that he completed jungle training with "325" before his release from military service, and that he was informed he qualified for the Armed Forces Expeditionary Medal for service with the 187th 1st Airborne Battle Group in Beirut, Lebanon in 1958.
3. The applicant provides photographs of several badges; a letter, dated
10 November 2008, from the National Personnel Records Center, St. Louis, Missouri; documentation on the Armed Forces Expeditionary Medal; an award certificate; and 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 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 28 January 1957, served as a light weapons infantryman, and was released from active duty on 5 August 1960.
3. The applicant's DD Form 214 shows the Expert Infantryman Badge and the Parachutist Badge as authorized awards.
4. Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 (Service Record) shows he served in Lebanon from 19 July 1958 to 20 October 1958.
5. Table 8-1 (U.S. Army Badges and Tabs) of Army Regulation 600-8-22 (Military Awards) does not show the "Jungle Expert" Badge or the "Beirut Peace Keeping Force Task Force" Badge as authorized badges.
6. Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform. In pertinent part, it states that locally-authorized subdued badges approved in accordance with Army Regulation 600-8-22 if the badge designates a special skill are authorized for wear on the Army uniform.
7. Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal 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. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22 and show that the Armed Forces Expeditionary Medal was awarded for service in Lebanon from 1 July 1958 to 1 November 1958.
DISCUSSION AND CONCLUSIONS:
1. Since the "Jungle Expert" Badge and the "Beirut Peace Keeping Force Task Force" Badge are locally-authorized badges, and in accordance with the governing regulation, these badges are items to be worn on the Soldiers uniform but are not awards or decorations. Therefore, there is no basis for granting the applicant's request to show these badges on his DD Form 214.
2. Evidence of record shows the applicant served in Lebanon from 19 July 1958 to 20 October 1958. Therefore, there is sufficient evidence on which to base award of the Armed Force Expeditionary Medal in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x_____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Armed Forces Expeditionary Medal on his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show the "Jungle Expert" Badge or the "Beirut Peace Keeping Force Task Force" Badge.
___________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) AR20090012179
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ABCMR Record of Proceedings (cont) AR20090012179
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