IN THE CASE OF:	  

		BOARD DATE:	    21 January 2010

		DOCKET NUMBER:  AR20090013913 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal for Thailand and Cambodia.  He also requests a determination for his eligibility to join the Veterans of Foreign Wars (VFW).

2.  The applicant states that in 1962, his company with the 26th Infantry Division was on alert during the Cuban Missile Crisis.   He was also in Cambodia and Thailand in 1963 and believes he should be entitled to the Armed Forces Expeditionary Medal.  

3.  The applicant provides a copy of his DD Form 214, dated 14 December 1963, in support of his request.
 
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 records show he enlisted in the Regular Army for a period of 3 years on 17 January 1961.  He completed basic combat and advanced individual training and was awarded military occupational specialty 111.10 (Light Weapons Infantryman).  

3.  The applicant's records also show he was assigned to Company C, 2nd Brigade, 21st Infantry (later 5th Infantry), Schofield Barracks, HI, from on or about 2 June 1961 to on or about 11 July 1963.  Additionally, during this assignment, he served in Thailand from 4 June 1963 to 11 July 1963.  

4.  He was honorably released from active duty on 14 December 1963 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars, the Expert Marksmanship Qualification Badge with Rifle and Flamethrower Bars, and the Marksman Marksmanship Qualification Badge with Pistol Machinegun Bars. 

5.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal.  This award was established on 4 December 1961 and may be awarded to members of the Armed Forces of the United States who, after 1 July 1958, participate or have participated as members of the U.S. military units in a U.S. military operation in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers and encounter during such participation foreign armed opposition, or are otherwise placed or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize.  The Armed Forces Expeditionary Medal may be authorized for the following three categories of operations:  U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days' duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria:

	a.  be engaged in actual combat or duty which is equally as hazardous as combat duty during the operation with armed opposition, regardless of time in the area;

	b.  is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; or

	c.  accumulate 15 days of service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation.  One day's service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit.

6.  The Armed Forces Expeditionary Medal is awarded only for operations for which no other U.S. campaign medal is approved.  However, this does not prevent award eligibility for subsequent on-going operations if the associated campaign medal has been terminated.  No individual will be eligible for both the Armed Forces Expeditionary Medal and a campaign medal awarded during a single tour in the designated operation.  For operations in which personnel of only one military Service participate, the medal will be awarded only if there is no other suitable award available to that Service.  Table 2-2 provides that the Armed Forces Expeditionary Medal is authorized for designated "U.S. military operations" in Cuba from 24 October 1962 to 1 June 1963 and Cambodia from 11 to 13 April 1973; and designated "U.S. military operations of assistance to a friendly foreign nation" in Cambodia from 29 March 1973 to 15 August 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Armed Forces Expeditionary Medal.

2.  With respect to the Armed Forces Expeditionary Medal-Cuba, there is no evidence that the applicant was a bona fide member of a unit participating in or engaged in the direct support of the operation in Cuba for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days' duration) or for 60 nonconsecutive days.  The fact that his unit was on alert is insufficient for award of the Armed Forces Expeditionary Medal.  

3.  With respect to the Armed Forces Expeditionary Medal-Cambodia, there is no evidence that the applicant was a bona fide member of a unit participating in or engaged in the direct support of the operation in Cambodia for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days' duration) or for 60 nonconsecutive days during the timeframe period of the U.S. military operations in Cambodia from 11 to 13 April 1973 or during the designated U.S. military operations of assistance to a friendly foreign nation in Cambodia from 29 March 1973 to 15 August 1973.

4.  With respect to joining the VFW, the ABCMR corrects records and does not do so solely for the purpose of establishing eligibility for other programs or benefits.  The enrollment criteria is not within the purview of this Board.  Therefore, questions pertaining to VFW enrollment eligibility should be addressed to that organization. 

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)                                         AR20090013913



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20090