IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110002941 


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 that he be awarded the Armed Forces Expeditionary Medal (AFEM) and the National Defense Service Medal (NDSM).

2.  The applicant states that he served in Taiwan from April 1962 to August 1963 as a teletype operator but he never received the AFEM and the NDSM.  He further states that his unit was the major relay station for communications from Japan to the Republic of China U.S. Army Headquarters, as well as the Quemoy and Matsu Islands, and for the 8th Air Force.  

3.  The applicant provides a copy of his 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 was inducted into the Army of the United States on 9 November 1961 and he completed his training as a teletype operator at Fort Gordon, Georgia.

3.  On 20 April 1962, he was transferred to Taipei, Taiwan for assignment to the U.S. Army Signal Communications Agency Taiwan for duty as a teletype operator.  He was advanced to pay grade E-3 on 11 July 1962.

4.  On 15 August 1963, he departed Taiwan and was transferred to Oakland, California where he was honorably released from active duty as an overseas returnee.  He had served 1 year, 9 months, and 7 days of active service and his DD Form 214 shows he had no decorations or awards.

5.  A review of his official records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  His records also failed to show that he served on the Quemoy and Matsu islands, which are located approximately 100 miles from the main island of Taiwan, close to mainland China.  His records indicate that all of his duty was performed in the signal compound in Taipei.

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 specified time periods.  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 AFEM was awarded for service on Quemoy and Matsu Islands from 23 August 1956 to 1 June 1963 and the Taiwan Straits from 23 August 1958 to 1 January 1959.  

8.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the AFEM has been noted and appears to lack merit.  He served in Taipei, Taiwan from 20 April 1962 to 15 August 1963 and there is no evidence to show that he served on the islands of Quemoy or Matsu at any time during his assignment in Taiwan.  Therefore, in the absence of such evidence there appears to be no basis to award him the AFEM at this time.    

2.  However, the applicant served during a qualifying period for award of the NDSM.  Accordingly, he should be awarded the NDSM at this time and have it added to his DD Form 214.  

3.  The applicant’s record shows no evidence of any derogatory information or a commander's disqualification that would preclude him from being awarded the Army Good Conduct Medal.  As such, it must be presumed that the failure to award him the Army Good Conduct Medal was the result of an administrative oversight.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 9 November 1961 through 15 August 1963 and correcting his DD Form 214 to show this medal. 

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 NDSM to his DD Form 214
* Awarding him the AGCM (1st Award) for the period 9 November 1961 through 15 August 1963 and adding it to 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 AFEM.  




      _________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)                                         AR20110002941



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ABCMR Record of Proceedings (cont)                                         AR20110002941



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