IN THE CASE OF:	

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090013449 


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 reconsideration of his request for correction of his records to show award of the Armed Forces Expeditionary Medal for his service in the Dominican Republic.

2.  The applicant states he was awarded the Armed Forces Expeditionary Medal for his service in the Republic of Vietnam (RVN).  He adds he was told by his commander that since he had been awarded the Armed Forces Expeditionary Medal for his service in the RVN, he was not entitled to a second award of the Armed Forces Expeditionary Medal for his service in the Dominican Republic.

   a.  He states he was assigned to the 589th Signal Company (Support and Maintenance) (Forward) [(S&M) (F)], Fort Bragg, NC, and he was sent to the Dominican Republic from 14 April to 2 September 1965.

	b.  He states that he is submitting the only proof he has of his service in the Dominican Republic with this request for reconsideration.

3.  The applicant provides, in support of his application, a copy of page 2 of a
DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]), dated 5 August 1965.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080013577, on 9 December 2008.

2.  The applicant enlisted and entered active duty in the Regular Army (RA) for a period of 3 years on 17 September 1962.

3.  The applicant's DA Form 24 (Service Record) shows in:

   a.  Section 2 (Chronological Record of Military Service), in pertinent part, he was assigned to the 589th Signal Company (S&M) (F), Fort Bragg, from
3 October 1964 through 15 September 1965;

   b.  Section 5 (Service Outside Continental United States) that he departed the United States on 23 July 1963, arrived in the RVN on 24 July 1963, departed the RVN on 12 July 1964, and returned to the United States on 12 July 1964; and

   c.  Section 9 (Medals, Decorations, and Citations) that he was awarded the Marksman Marksmanship Qualification Badge with (M-1) Rifle Badge, Armed Forces Expeditionary Medal (RVN on 6 July 1964), and the Army Good Conduct Medal.
   
4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Foreign Service) he served in the RVN from 23 July 1963 through 11 July 1964; and in

   b.  item 33 (Record of Assignments), in pertinent part, he was assigned to the 589th Signal Company (S&M) (F), Fort Bragg, from 7 October 1964 through
15 September 1965.

5.  A DA Form 2627-1, dated 5 August 1965, shows the applicant received nonjudicial punishment for on or about 2 August 1965, at Santo Domingo, Dominican Republic, leaving his quarters after the hours of curfew for the purpose of cohabitation with a Dominican national.  The punishment imposed consisted of reduction to the rank/grade of private first class (PFC)/E-3, forfeiture of $31.00, and restriction to the Fairgrounds, Santo Domingo for 5 consecutive days.

6.  Headquarters, 589th Signal Company (S&M) (F), Unit Orders Number 6, dated 13 August 1965, show the applicant was reduced to PFC (E-3) effective
13 August 1965 with a date of rank of 5 August 1965.

7.  Headquarters, 82nd Signal Battalion, Fort Bragg, Special Orders Number 115, dated 30 August 1965, show the applicant was assigned to the 589th Signal Company (S&M) (F), Fort Bragg, and attached for a period of 2 days to the U.S. Army Garrison Transfer Point, Fort Bragg, with a reporting date of 14 September 1965.

8.  A DA Form 2349 (Military Pay Voucher), dated 16 September 1965, for the applicant's military pay for the period 1 to 31 August 1965 shows the applicant was assigned to the 589th Signal Company (S&M) (F), 62nd Signal Battalion, Fort Bragg.  Item 15 (Foreign Duty) shows payment of $13.00 foreign duty pay.

9.  A DA Form 2139 (Military Pay Voucher), dated 16 September 1965, for the applicant's military pay for the period 1 to 16 September 1965 shows in Item 11 (Remarks), in pertinent part, the applicant’s forfeiture of $31.00 based on an Article 15, dated 5 August 1965.  Item 18 (Foreign Duty Pay) is blank.

10.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to DD Form 214) shows he entered active duty this period on 17 September 1962, he was honorably released from active duty on 16 September 1965, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  At the time he had completed 3 years of net active service.  It also shows in:

   a.  item 24 (Statement of Service), block c (Foreign and/or Sea Service), that he was credited with completing 1 year and 13 days of foreign service; and

   b.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Army Good Conduct Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-12, in pertinent part, provides 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for
30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations.  A bronze service star is authorized to denote each subsequent award of the Armed Forces Expeditionary Medal.  To be eligible for an additional award of the service medal, service must be rendered in 

one of the other designated areas during its authorized time period.  No two awards will be made for service in the same designated area.

	a.  Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for their service in Vietnam.

	b.  Table 2-2 (Armed Forces Expeditionary Medal – Designated U.S. Military Operations) provides that the Armed Forces Expeditionary Medal is authorized for U.S. military operations in the Dominican Republic from 28 April 1965 to
21 September 1966.  

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  Paragraph 47 (Item 24) provides detailed instructions for computing creditable service for basic pay.  The instructions for block c state to enter the total active duty outside the continental limits of United States during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for correction of his records to show award of the Armed Forces Expeditionary Medal with one bronze service star for his service in the Dominican Republic should be reconsidered because he actually served in the Dominican Republic.

2.  The applicant's request was carefully considered.  Records confirm the applicant served in the Dominican Republic while on active duty during the period of service under review.  However, based on a review of the available evidence, it can only be verified that the applicant served in the Dominican Republic from 
2 to 13 August 1965, which represents a period of 12 days.

3.   Records show the applicant served in the RVN from 23 July 1963 through
12 July 1964.  A calculation of this period of service shows that it equates to
11 months and 20 days.  Item 24, block c, of the applicant's DD Form 214 shows he was credited with 1 year and 13 days of foreign service.  Thus, the evidence of record indicates the applicant served an additional 23 days outside the continental limits of United States during the period of service under review.  Therefore, it is reasonable to conclude that the applicant served the additional
23 days of his foreign service in the Dominican Republic.

4.  The Military Awards regulation states that award of the Armed Forces Expeditionary Medal specifically requires, in pertinent part, that an individual must have been a bona fide member of a unit participating in, or engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days.  The evidence of record fails to support the applicant's contention that he served 30 consecutive or 60 nonconsecutive days in the Dominican Republic during the authorized designated period from 28 April to 16 September 1965 (i.e., the date of his separation from active duty) in order to qualify for the service medal.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records in this case.

5.  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:

1.  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 to amend the decision of the ABCMR set forth in Docket Number AR20080013577, dated 9 December 2008.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090013449



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ABCMR Record of Proceedings (cont)                                         AR20090013449



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