IN THE CASE OF:
BOARD DATE: 03 June 2010
DOCKET NUMBER: AR20090020925
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Armed Forces Expeditionary Medal (AFEM) for his service in Lebanon.
2. The applicant states the AFEM should have been issued to him prior to his discharge.
3. The applicant provides:
* documentation on the AFEM
* DD Form 214
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 enlisted in the Regular Army on 8 January 1957, served as a construction machine operator, and was released from active duty on 11 January 1960.
3. The applicant's DD Form 214 shows the Marksman Marksmanship Qualification Badge with Carbine Bar as an authorized award.
4. Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 (Service Record) shows he served in Lebanon from 1 August 1958 to 4 October 1958.
5. Army Regulation 600-8-22 (Military Awards) provides that the AFEM 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 the AFEM was awarded for service in Lebanon from 1 July 1958 to 1 November 1958.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Lebanon from 1 August 1958 to 4 October 1958. Therefore, there is sufficient evidence on which to base award of the AFEM in this case.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by adding the AFEM to his DD Form 214.
____________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) AR20090020925
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090020925
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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