IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100012941 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service for Lebanon and all related awards and decorations.

2.  The applicant states, in effect, he served with the American Land Forces-Middle East, Lebanon, in 1958.

3.  The applicant provides the following:

* His DD Form 214
* An American Land Forces-Middle East, Lebanon,1958 certificate signed by an Army captain
* A webpage depicting the Armed Forces Expeditionary Medal and the United Nations Medal 

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 military record shows that after serving 1 year, 9 months, and 2 days in the U.S. Army Reserve (USAR) Control Group (Reinforcement), he enlisted in the Regular Army for a period of 3 years on 25 August 1957.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty 112.17 (Heavy Weapons Infantryman). 

3.  His DA Form 24 (Service Record) shows in section 5 (Service Outside Continental United States) the following information:

Port of Embarkation
Date Departed
Port of Debarkation
Date Arrived
For Duty In
NY, U.S.
19 OCT57
Bremerhaven, Germany (FRG)
27 OCT 57
Germany
Furstenfelbruck, FRG
16 JUL 58
Beirut, Lebanon
19 JUL 58
Lebanon
Beirut, Lebanon
22 OCT 58
Furstenfelbruck, FRG
23 OCT 58
Germany

2 AUG 60
NY, U.S.
10 AUG 60
U.S.
4.  The applicant’s total foreign service equals:

* Lebanon - 3 months and 4 days
* Germany - 2 years, 6 months, and 1 day 

5.  His DD Form 214 shows he was honorably released from active duty (REFRAD) on 12 August 1960 and transferred to the USAR, XV U.S. Army Corps to complete his remaining service obligation which ended on 7 February 1963. 

6.  Item 24c (Foreign Service and/or Sea Pay) of his DD Form 214 shows he served 2 years, 9 months, and 22 days overseas.

7.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the following:

* Parachutist Badge
* Army Good Conduct Medal (First Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar

8.  A review of the applicant's personnel records indicate he is entitled to an additional award which is not shown on his DD Form 214.
9.  Army Regulation 600-8-22 (Military Awards) states that the Armed Forces Expeditionary Medal was established by Executive Order in December 1961 and awarded for service after 1 July 1958 in direct support of designated United Nations operations, or United States operations of assistance for friendly foreign nations.  Service in Lebanon between 1 July 1958 and 1 November 1958 was such an operation in which participating members were authorized the Armed Forces Expeditionary Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the United Nations Medal.  Paragraph 9-17 states, in pertinent part, that it was authorized for personnel who had been in the service of the United Nations, for a period of not less than 6 months, with one of the following:  (1) United Nations Observation Group in Lebanon (UNOGIL); (2) United Nations Truce Supervision Organization in Palestine (UNTSO); (3) United Nations Military Observer Group in India and Pakistan (UNMOGIP); and (4) United Nations Security Forces, Hollandia (UNSFH).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his records to show his foreign service in Lebanon and all related awards and decorations was carefully considered and was found to be partially supported by the evidence of record. 

2.  Army Regulation 600-8-22 states that the Armed Forces Expeditionary Medal is awarded for service in Lebanon from 19 July 1958 and 22 October 1958.  Evidence shows the applicant's unit was deployed in Beirut, Lebanon during this period of service.  Therefore, the applicant is entitled to award of the Armed Forces Expeditionary Medal and correction of his records to show this award.

3.  The applicant’s request for the United Nations Medal was also considered.  However, by regulation, a member must have been in service of the United Nations in a qualifying operation/area for no less than 6 months to be eligible for this award.  The applicant’s record shows he served in a qualifying operation/area, however, he only served in this area for a total of 3 months and 
4 days.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.







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 (Lebanon) to item 26 of 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 award of the United Nations Medal.



      ____________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)                                         AR20100012941



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ABCMR Record of Proceedings (cont)                                         AR20100012941



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