IN THE CASE OF:	  

		BOARD DATE:	  9 February 2012

		DOCKET NUMBER:  AR20110016461 


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:

* award of the Armed Forces Expeditionary Medal (AFEM), for service in the Republic of Thailand from May 1972 to April 1974
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the AFEM, the Joint Service Commendation Medal (JSCM) (2nd Award), and the Noncommissioned Officer (NCO) Professional Development Ribbon (NCOPDR)

2.  The applicant states:

* he served in direct support [of operations in Cambodia] while working in the telecommunications center (TCC)
* he received daily message traffic on operations in Cambodia during the period 29 March through 15 August 1973, including messages from the Republic of Vietnam, Cambodia, Hawaii, and the continental United States (CONUS)
* he also received traffic concerning daily operations and intelligence, classified as top secret, secret, and eyes only
* he served in the Army for over 20 years and attended numerous military courses – so he should qualify for the basic award of the NCOPDR
* not all Soldiers were able to attend leadership courses, because mission requirements always came first


3.  The applicant provides:

* DD Form 214, for the period ending 31 December 1984
* DA Form 2-1 (Personnel Qualification Record – Part II)
* Permanent Orders 7-2, United States Readiness Command, MacDill Air Force Base, FL, dated 26 February 1979
* certificate, JSCM, dated 28 February 1979
* Permanent Orders 97-5, Headquarters, United States Army Recruiting Command, Fort Sheridan, IL, dated 12 June 1979
* certificate, JSCM, dated 6 June 1979
* proposed citation and narrative description for award of the Army Commendation Medal (3rd Award)
* extract from Army Regulation 600-8-22 (Military Awards), paragraph 2-12 (AFEM) and Table 2-4 (AFEM – Designated U.S. Military Operations of Assistance to a Friendly Foreign Nation)
* letter, National Personnel Records Center (NPRC), St. Louis, MO, dated 10 December 2008

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 enlisted in the Regular Army on 18 December 1964.  His record shows he completed training and held military occupational specialty (MOS) 71H (Clerk Typist), later reclassified into MOS 71L (Administrative Specialist), MOS 81B (Construction Draftsman), MOS 71G (Medical Records Specialist), and MOS 00J (Club Manager). 

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Thailand on 2 occasions:

* from on or about 18 January 1968 to on or about 14 January 1969, where he was assigned to Headquarters and Headquarters Company (HHC), U.S. Army Support Command, Thailand
* from on or about 15 February 1970 to on or about 18 December 1974, where he was assigned to Headquarters and Troop Command, U.S. Army Strategic Communications Command, Thailand 

4.  Permanent Orders 7-2, United States Readiness Command, MacDill Air Force Base, FL, dated 26 February 1979, awarded him the JSCM for meritorious service during the period from 5 January 1975 to 19 April 1976.

5.  Permanent Orders 97-5, Headquarters, United States Army Recruiting Command, Fort Sheridan, IL, dated 12 June 1979, awarded him the JSCM (2nd Award), for meritorious service during the period June 1978 to July 1979.

6.  On 31 December 1984, he was honorably retired in the rank/grade of sergeant first class/E-7.  His DD Form 214 shows he completed 20 years and 14 days of total active service.  

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Army Commendation Medal (6th Award)
* Army Good Conduct Medal (6th Award)
* Army Achievement Medal
* Joint Service Commendation Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Cross of Gallantry with Palm 
* Meritorious Unit Commendation (3rd Award)
* Overseas Service Ribbon (3rd Award)
* Army Service Ribbon

8.  His available record is void of any documentation that shows he completed any of the courses in the Noncommissioned Officer Education System (NCOES) after its implantation date of 1 August 1981.

9.  Army Regulation 600-8-22 provides for award of the AFEM.  It states the AFEM was established on 4 December 1961 and may be awarded to members of the Armed Forces of the United States who, after 1 July 1958, participate, or have participated, as members of U.S. military units in U.S. military operations,  in which service members of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers and encounter during such participation, foreign armed opposition, or are otherwise placed or have been placed in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize.

10.  The AFEM may be authorized for the following three categories of operations: U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Service members must be bona fide members of a unit participating in, or be engaged in, the direct support of the operation for 30 consecutive days (or 60 nonconsecutive days), provided this support involves entering the area of operations, or meet one or more of the following criteria:

   a. Be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area;

   b. Incur wounds or injuries requiring medical evacuation from the area of eligibility while participating in the operation, regardless of time; or

   c. Accumulate 15 days of service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation.  One day's service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit.

11.  Army Regulation 600-8-22, Table 2-4, provides that the AFEM was authorized for service in Thailand during the period 29 March 1973 through 15 August 1973, provided such service was in direct support of operations in Cambodia.

12.  Army Regulation 600-8-22 provides for award of the NCOPDR.  It was established by the Secretary of the Army on 10 April 1981, and is awarded to enlisted members of the Active Army and Reserve Component who, on or after
1 August 1981, successfully complete a designated NCO professional development course.  This award consists of the basic ribbon with numeral devices of 2, 3, or 4, to signify satisfactory completion of the respective levels of NCO professional development.  Once a service member has been awarded the NCOPDR, upon graduation from the Warrior Leader Course (formerly known as the Primary Leadership Professional Development Course), subsequent appropriate numerals will be awarded to identify completion of higher level courses within the NCO Education System (NCOES).  Effective 30 March 1989, a member will be awarded the NCOPDR with the numeral which identifies the highest level of NCOES successfully completed as follows: 1=Bar Ribbon Device=Primary Level; 2=Basic Level; 3=Advanced Level; and 4=Senior Level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the AFEM, and correction of his DD Form 214 to show the AFEM, the JSCM (2nd Award), and the NCOPDR.

2.  The evidence of record shows he served in Thailand from on or about          15 February 1970 to on or about 18 December 1974 – a qualifying period of service for award of the AFEM.  Although his available record and his submitted evidence do not specifically contain language addressing his support of operations in Cambodia, it is not unreasonable to conclude, given the timeframe in which he was stationed there, that his duties supported Cambodian operations.  Therefore, as a matter of equity, it would be appropriate to award him the AFEM, and to correct his records to show this award.  

3.  Permanent orders awarded him 2 separate awards of the JSCM – only one of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show he received 2 awards of the JSCM.

4.  The evidence of record fails to show he attended and completed any of the qualifying NCO professional development courses for award of the NCOPDR; therefore, in the absence of evidence to the contrary, there is an insufficient basis to grant this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 13 of his DD Form 214, for the period ending 31 December 1984, to add the Armed Forces Expeditionary Medal and the Joint Service Commendation Medal (2nd Award).

2.  The Board further determined 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 Noncommissioned Officer Professional Development Ribbon.




      ____________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)                                         AR20100027638



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ABCMR Record of Proceedings (cont)                                         AR20110016461



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