IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100019646
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states that because this medal is not listed on his DD Form
214 he is not considered a "wartime veteran."
3. The applicant provides copies of his DD Form 214, effective 8 September 1959; DD Form 256A (Honorable Discharge Certificate), dated 30 November 1963; DA Form 1577 (Authorization for Issuance of Awards), dated 21 July 1998; and a letter from the Taipei Economic and Cultural Office in Houston, dated
6 October 1998.
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 applicants 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 applicants 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 records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The record shows he was inducted into the Army of the United States on
5 December 1957. He was trained in and awarded military occupational specialty 179.10 (Air Defense Missile Fire Control Crewman).
4. On 8 September 1959, he was transferred to the U.S. Army Corps (Reserve) and his DD Form 214 shows he was awarded the Army Good Conduct Medal in item 26 (Decoration, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
5. The search conducted by the National Archives and Records Administration located a DA Form 1 (Morning Report), dated 16 November 1958, which shows he was assigned to the 2nd Missile Battalion, 71st Artillery, Taiwan. Further, Special Orders Number 251, dated 8 September 1959, reassign him to the USAR Control Group (Annual Training), effective 9 September 1959.
6. He provides a letter from the Taipei Economic and Cultural Office in Houston which awarded him the "823 Campaign Badge of Honor" for participating in the campaign to protect the Quemoy and Matsu, Taiwan's strategic satellite islands in August 1958. He further provides an authorization for issuance of awards from the Army Reserve Personnel Command, St. Louis, MO, dated 21 July 1998, which directs his AFEM be engraved and mailed to his home address.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-12 contains guidance on the AFEM and states that it is awarded to members of the Armed Forces who, after 1 July 1958, participated in designated operations. Table 2-2 identifies operations for which the AFEM is authorized including service in the Taiwan Straits during the period 23 August 1958 to 1 January 1959.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 be corrected to show the award AFEM.
2. The evidence of record shows a morning report, dated 16 November 1958 which corroborates his assignment to the 2nd Missile Battalion, 71st Artillery, Taiwan and special orders reassign him from Taiwan to the USAR Control Group effective 9 September 1959.
3. The applicant provided a letter from the Director General, Taipei Economic and Cultural Office, which awards him the "823 Campaign Badge of Honor" for his participation in the campaign to protect the Quemoy and Matsu, Taiwan's strategic satellite islands in August 1958.
4. By regulation, the AFEM was authorized for service in the Taiwan Straits during the period 23 August 1958 through 1 January 1959. Available evidence shows he served for a qualifying period of active service in Taiwan from on or about August 1958 to 8 September 1959; therefore, he is entitled to award of the AFEM.
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 Armed Forces Expeditionary Medal (Taiwan) 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) AR20100019646
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ABCMR Record of Proceedings (cont) AR20100019646
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