IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004348 


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 the Armed Forces Expeditionary Medal.

2.  The applicant states he never received the Armed Forces Expeditionary Medal for his Taiwan service.  He contends he served with Company C, 809th Engineer Battalion, during the period August 1958 through January 1959 in Formosa [now known as Taiwan].

3.  The applicant provides copies of envelopes mailed to his mother and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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, and 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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 6 September 1957.  He held military occupational specialty 523.10 (refrigeration specialist).  The highest rank he attained while serving on active duty was specialist four/E-4.  He was honorably released from active duty on 2 September 1960 due to the expiration of his term of service.

4.  The applicant's DD Form 214 shows he received credit for 1 year, 4 months, and 20 days of foreign service; however, it does not list the location or the unit that service was associated with.

5.  The applicant provides copies of four envelopes mailed home from overseas.  The return address listed is that of Company C, 809th Engineer Battalion, and includes an Army Post Office destination for Taiwan.

6.  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.

7.  Army Regulation 600-6-22 lists the Taiwan Straits during the period 23 August 1958 to 1 January 1959 as an authorized military operation for the Armed Forces Expeditionary Medal.

8.  Army Regulation 600-8-22 defines "area of operation" as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  "Direct support" is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  "Area of eligibility" is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Armed Forces Expeditionary Medal was carefully considered and was determined to have merit.

2.  The evidence provided by the applicant, along with the foreign service entries on his DD Form 214, proves sufficient to show he was assigned in Taiwan.  Accordingly, he is entitled to have his DD Form 214 corrected to show the Armed Forces Expeditionary Medal.

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 the Armed Forces Expeditionary Medal 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)                                         AR20110004348



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ABCMR Record of Proceedings (cont)                                         AR20110004348



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