IN THE CASE OF:	  

		BOARD DATE:  7 February 2012

		DOCKET NUMBER:  AR20110015199 


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 his service in Taiwan from 8 October 1958 to 26 August 1959, and the award of the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he was deployed to the Republic of China (ROC) in Taiwan with the 2nd Missile Battalion, 71st Artillery from 8 October 1958 to
25 August 1959.

3.  The applicant provides:

* a self-authored statement
* an invitation to a farewell dinner party
* deployment orders, dated 3 September 1958
* a memorandum listing departure dates, dated 22 July 1959
* a boarding pass
* his identification card in Chinese and English
* a passenger suggestion form
* various photographs
* a support letter from the President of the 2nd Missile Battalion,
71st Artillery (Taiwan) Association
* an Enlisted Monthly Personnel Roster as of 31 January 1959, including his name


* a DA Form 1 (Morning Report), dated 1 December 1958
* 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'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 applicant enlisted in the Regular Army on 8 November 1957 for a period of 2 years.  He was trained in and awarded military occupational specialty 357.10 (Guided Missile Instrument Electrician).  He was assigned to the 2nd Missile Battalion, 71st Artillery.

4.  Movement Orders Number 18, issued by the U.S. Army Air Defense Center, Fort Bliss, TX, dated 3 September 1958, ordered the 2nd Missile Battalion (Nike Hercules), 71st Artillery to move from Fort Bliss on 15 September 1958 to the U.S. Army Transportation Terminal Agency in Seattle, WA.  On 18 September 1958, the unit was further ordered to depart Seattle, WA, and travel to an undisclosed overseas location.  The bottom of the orders certifies that the applicant was a part of this unit and completed this permanent change of station move with his unit.

5.  The President of the 71st Artillery (Taiwan) Association provided an enlisted monthly personnel roster, dated 31 January 1959, as evidence.  This personnel roster lists the applicant's name.


6.  The President of the 71st Artillery (Taiwan) Association also provided a DA Form 1, dated 1 December 1958, as evidence.  This report shows the
2nd Missile Battalion (Nike Hercules), 71st Artillery was permanently assigned in Taiwan, and the Army Post Office (APO) was listed as APO 63.

7.  An archive document containing historical APOs shows APO 63 was used for Taipei, Formosa, and Taiwan.

8.  The applicant provided a memorandum issued by Headquarters, 2nd Missile Battalion, (Nike-Hercules), 71st Artillery, Camp Nike Hercules, APO 63, subject:  Departure Dates, dated 22 July 1959.  This memorandum lists his name and shows he was scheduled to depart his overseas location on 19 August 1959.

9.  The applicant provided a military boarding pass for a flight that departed Taipei, and a military document that stated he boarded a flight headed to the United States on or about 22 August 1959.

10.  The applicant was honorably released from active duty on 26 August 1959 as an overseas returnee.  The DD Form he was issued at the time shows in:

* item 24b (Total Active Service) he completed 1 year, 9 months, and
19 days of net service this period
* item 24c (Foreign and/or Sea Service) he completed 11 months and
2 days of foreign and/or sea service
* item 26 (Decoration, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar

11.  An internet research of the Second Taiwan Strait Crisis, also called the 1958 Taiwan Strait Crisis, shows the Quemoy and Matsu island group, situated in the Taiwan strait between the main island of Taiwan and the Chinese mainland, was the first line of defense for the ROC - the Nationalist government on Taiwan - against the Communist government of the People's Republic of China (PRC), and had been highly fortified by the ROC since Chiang Kai-shek's retreat to Taiwan in 1949.  On 23 August 1958, the Communist forces began an intense artillery bombardment of Quemoy.  ROC forces in Quemoy dug in and returned fire.

12.  The United States Eisenhower Administration responded to the ROC's request for aid according to its obligations in the 1954 U.S. - ROC defense treaty 


by reinforcing U.S. naval units and ordering U.S. naval vessels to help the Kuomintang Nationalist government protect Quemoy's supply lines.  Under a secret effort, the U.S. Navy modified some ROC air force F-86 Sabres with its newly introduced AIM-9 Sidewinder air-to-air missile to provide an edge against more advanced PRC MiG fighters, which had an altitude advantage over the Sabre.  Recent research from the National Archives also indicates that the Air Force was prepared for a nuclear strike against the PRC.  Additionally, 12 203mm long range artillery guns and other 155mm guns were transferred from the U.S. Marines to the ROC Army and sent to Quemoy to help turn the tide of the artillery duel there.  The crisis ended by ceasefire on 6 October 1958.

13.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Army Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It:

	a.  states the AFEM 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 being engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.

	b.  lists the Taiwan Straits as a designated U.S. military operation during the period 23 August 1958 to 1 January 1959. 

	c.   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.

	d.  defines "direct support" 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.

	e.  defines "area of eligibility" 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.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the
DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the "Remarks" section.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant departed his overseas location on
19 August 1959.  His DD Form 214 shows he served overseas for 11 months and 2 days.  Based on these dates, it is reasonable to believe he served in Taiwan from 17 September 1958 to 19 August 1959.  Although there was no provision to enter the location of his deployed service on his DD Form 214 at the time of his release from active duty, there are regulatory provisions for doing so now.  Therefore, there would be no harm in amending his DD Form 214 to show his service in Taiwan.

2.  The documents provided by the applicant contain his name and show he was located at APO 63, which at the time of his service covered the area of Taiwan.  However, research shows the Taiwan Straits was primarily a U.S. Naval operation.  There is no evidence of U.S. Army involvement during the 1958 Taiwan Strait Crisis.  Therefore, there is an insufficient evidentiary basis for awarding him the Armed Forces Expeditionary Medal and adding it to his
DD Form 214.

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 to item 32 (Remarks) of his DD Form 214 the entry "SERVICE IN TAIWAN FROM 19580917 - 19590819."

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 Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.



      _______ _  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)                                         AR20110015199



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ABCMR Record of Proceedings (cont)                                         AR20110015199



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