IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017981 


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 in Lebanon and all related awards and decorations; specifically, the Armed Forces Expeditionary Medal (AFEM) and Combat Infantryman Badge (CIB).

2.  He states his military occupational specialty (MOS) at the time was 111.17 (Light Weapons Infantryman).  He believes an administrative error caused the omission of these awards from his DD Form 214.   

3.  He provided a copy of his DD Form 214 for the period ending 13 May 1959. 

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.  His military record shows he enlisted in the Regular Army for a period of 
3 years and entered active on 21 May 1956.  After completion of basic combat and advanced individual training, he was awarded MOS 111.17. 

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 27 (Specialized Training) he completed the basic airborne training course on 23 November 1956, while assigned to Headquarters and Headquarters Company, 504th Airborne Infantry Regiment, Fort Bragg, NC.

4.  His military record contains a DA Form 24 (Service Record), which shows in section 4 (Chronological Record of Military Service), he was reassigned to U.S. Army Europe (USAREUR), Germany on 20 May 1957.  

5.  Section 5 (Service Outside Continental United States) of his DA Form 24 shows he performed a 3-month period of temporary duty in Lebanon.  He arrived in Beirut, Lebanon, on 19 July 1958 and departed on 20 October 1958.  On the following date, he returned to Germany and departed Germany on 3 May 1960 for reassignment to the continental United States.

6.  Item 33 (Record of Assignments) of his DA Form 20 shows he was assigned to Company D, 1st Airborne Battalion Group, 187th Infantry Regiment from 
16 July 1958 to 14 January 1959, and performed duties in MOS 111.17 as an auto rifleman. 

7.  His DD Form 214 shows he was honorably released from active duty (REFRAD) on 13 May 1959 and transferred to the XV U.S. Army Corps, (Reserve), California.  He completed a total of 2 years, 11 months, and 21 days of active service.  Item 24c (Foreign and/or Sea Service) shows he completed and 2 years and 4 days of foreign service; however, there is no entry for the location.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Parachutist Badge and Expert Marksmanship Qualification Badge with Rifle Bar.

8.  His record contains a DD Form 214 for the period ending 14 June 1965.  This form shows he reenlisted in the Regular Army and entered active duty on 
15 June 1962.  He completed a total of 3 years active service.  Item 26 of his 
DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar.  

9.  A review of his records indicates he is entitled to additional awards that are not shown on his DD Form 214.

10.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM) for the periods ending 13 May 1959 and 14 June 1965, respectively.  His Chronological Record of Military Service of his DA Form 24 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  However, his record does show he was convicted by a Special Court-Martial on 24 January 1958.  His second period of service is void of any derogatory evidence which would prevent awarding the AGCM.

11.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22 (Military Awards) states the AFEM 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.

13.  Army Regulation 600-8-22 as amended provides that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954; 1 January 1961 through 14 August 1974; 2 August 1990 through 
30 November 1995; and 11 September 2001 to a date to be determined.  

14.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  The CIB is authorized for award for the following qualifying wars, conflicts, and operations:

* World War II (7 December 1941 to 3 September 1945)
* The Korean War (27 June 1950 to 27 July 1953)


* Republic of Vietnam Conflict (2 March 1961 to 28 March 1973), combined with qualifying service in Laos (19 April 1961 to 6 October 1962)
* Dominican Republic (28 April 1965 to 1 September 1966).
* Korea on the demilitarized zone (DMZ) (4 January 1969 to 31 March 1994)
* El Salvador (1 January 1981 to 1 February 1992)
* Grenada (23 October to 21 November 1983)
* Joint Security Area, Panmunjom, Korea (23 November 1984)
* Panama (20 December 1989 to 31 January 1990)
* Southwest Asia Conflict (17 January to 11 April 1991)
* Somalia (5 June 1992 to 31 March 1994)
* Afghanistan (Operation Enduring Freedom, 5 December 2001 to a date to be determined)
* Iraq (Operation Iraqi Freedom, 19 March 2003 to a date to be determined)

15.  Army Regulation 635-5 (Separation Documents) in effect at the time, provided for the preparation of the DD Form 214.  It stated, in pertinent part, to enter the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater service was performed "(USAREUR)."  There were no regulatory provisions for entering specific locations of deployments or periods of temporary duty on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  His record contains derogatory information for the period of service beginning
21 May 1956 through 13 May 1959, this would disqualify him for the AGCM for that period of service.  The evidence of record confirms he served honorably during the period 15 June 1962 through 14 June 1965.  He received "excellent" conduct and efficiency ratings throughout this period of military service.  Based on his overall record of service for that period, it would be appropriate to award him the first award of the AGCM and to correct his DD Form 214 for the period ending 14 June 1965 to show this award. 

2.  Army Regulation 600-8-22 states that the AFEM is awarded for service in Lebanon from 19 July 1958 and 22 October 1958.  Evidence shows his unit was deployed in Beirut, Lebanon during this period of service.  Therefore, he is entitled to show award of the AFEM and correction of his DD Form 214 for the period ending 13 May 1959 to show this award.


3.  There were no regulatory provisions for entering specific locations of deployments or periods of temporary duty on the DD Form 214 at the time.  Therefore, his DD Form 214 is properly constituted as pertains to his deployment to Beirut, Lebanon and there is no need for further correction.

4.  His record confirms he was serving on active duty during the period 15 June 1962 through 14 June 1965, in which the award of the NDSM was authorized.  Accordingly, it would be in the interest of justice to award him the NDSM at this time and to correct his DD Form 214 to show this award.  

5.  His DA Form 24 confirms his last overseas theater was USAREUR.  Therefore, he is entitled to correction of item 24c of his DD Form 214 for the period ending 13 May 1959 by adding the entry "(USAREUR)."

6.  His record confirms he was an infantryman, satisfactorily performing infantry duties, in an infantry unit while serving Lebanon.  However, Beirut, Lebanon was not a recognized campaign for award of the CIB.  Therefore, he is not entitled to this award.

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:

	a.  amending his DD Form 214 for the period ending 13 May 1959 by adding the entry "(USAREUR)" to item 24c and the AFEM to item 26, and

	b.  amending his DD Form 214 for the period ending 14 June 1965 by awarding him the first award of the AGCM for the period 15 June 1962 through 14 June 1965; and adding the AGCM (First Award) and NDSM to item 26.


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 CIB and his deployment to Beirut, Lebanon.  



      _______ _   __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)                                         AR20100017981





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ABCMR Record of Proceedings (cont)                                         AR20100017981



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