IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100024183
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.
2. He states the above award was omitted from his DD Form 214.
3. He provides his entire military and medical service records from the National Personnel Records Center.
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 enlisted in the Regular Army on 17 July 1956 for a period of
3 years. He completed basic and advanced individual training and he was awarded military occupational specialty 121.20 (Combat Engineer).
3. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was assigned to:
* A Company, 63rd Engineer Battalion (Combat) in Germany from
9 February 1957 through 16 July 1958
* A Company, 299th Engineer (Combat) in Lebanon from 17 July 1958 through 20 October 1958
* A Company, 63rd Engineer Battalion (Combat) in Germany from
21 October 1958 through 30 December (inactivated)
* D Company, 9th Engineer Battalion (Combat) in Germany from
31 December to 1 July 1959
4. Section 5 - Service Outside Continental United States (CONUS) of his
DA Form 24 (Service Record) shows the following:
PORT OF EMBARKATION
DATE
DEPARTED
PORT OF
DEBARKATION
DATE
ARRIVED
New York, U.S.
9 Feb 57
Bremerhaven, Germany
18 Feb 57
Bremerhaven, Germany
24 Jul 58
Beirut, Lebanon
1 Aug 58
Beirut, Lebanon
29 Sep 58
Frankfurt, Germany
29 Sep 58
5. On 14 July 1959, he was honorably released from active duty as an overseas returnee after completing 2 years, 11 months, and 28 days of total active service.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Armed Forces Expeditionary Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. The governing regulation for award of the Armed Forces Expeditionary Medal shows that it was awarded for service in Lebanon during the period 1 July 1958 through 1 November 1958.
DISCUSSION AND CONCLUSIONS:
The applicant served in Lebanon with A Company, 299th Engineer (Combat), from on or about 1 August 1958 to on or about 29 September 1958. Therefore, he is entitled to the Armed Forces Expeditionary Medal and correction of his
DD Form 214 to show this award.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to item 26 of his DD Form 214 the Armed Forces Expeditionary 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) AR20100024183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100024183
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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