BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110022734 


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 a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Armed Forces Expeditionary Medal (AFEM) and any other awards he may be authorized.

2.  The applicant states he served with American Land Forces Middle East in Lebanon in 1958, but he was separated before the AFEM was issued.

3.  The applicant provides, in support of his application, a copy of an American Land Forces Middle East certificate, dated 16 September 1958.

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 service 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, his DD Form 214 and military pay records offer sufficient documentation to constitute 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 2 January 1957 for a period of 3 years.

4.  A DD Form 113 (Military Pay Record) shows the applicant served overseas and was assigned to:

* Company B, 505th Infantry, 2nd Battle Group, 11th Airborne Division on
4 August 1957
* Headquarters and Headquarters Service Company, 511th Signal Battalion (Airborne), 11th Airborne Division on 3 April 1958
* Company B, 187th Infantry, 1st Battle Group, 11th Airborne Division on
26 May 1958

5.  The applicant attained the rank of private first class (PFC)/pay grade E-3.

6.  A DD Form 214 shows the applicant was honorably released from active duty on 11 December 1959, by reason of early separation of overseas returnees, and transferred to the U.S. Army Corps (Reserve) to complete his Reserve obligation.

	a.  He completed 2 years, 11 months, and 10 days of active service with no lost time that included 2 years and 5 months of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Parachutist Badge.

7.  In support of his application, the applicant provides a copy of Headquarters, American Land Forces Middle East certificate, dated 16 September 1958, that shows he was assigned to Company B, 1st Airborne Battle Group, 187th Infantry, and served in the rank of PFC with the American Land Forces Middle East in Lebanon in 1958.  The certificate was signed by Major General Paul D. A---, Commander, American Land Forces Middle East, and Captain Robert L. S----, Company B, 1st Airborne Battle Group, 187th Infantry.

8.  A review of the applicant's available military service records reveal he may be authorized an additional award that is not shown on his DD Form 214.

9.  Army Regulation 672-5-1 (Military 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.

	a.  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.

	b.  Table 2-2 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Lebanon from 1 July to 1 November 1958.

11.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release
from active duty service, or control of the Active Army.  Chapter 2 (Preparing and Distributing Separation Documents), paragraph 2-7, provides that once a
DD Form 214 has been issued, do not reissue the DD Form 214, except when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214).

DISCUSSION AND CONCLUSIONS:

1.  The AFEM is authorized for qualifying service in Lebanon from 1 July to
1 November 1958.

   a.  The available evidence shows the applicant was assigned to Company B, 187th Infantry, 1st Airborne Battle Group, 11th Airborne Division on 26 May 1958.  On 16 September 1958, he was recognized for his service with American Land Forces Middle East in Lebanon.
	b.  Thus, it is concluded that this service qualified the applicant for award of the AFEM.

2.  The applicant served a qualifying period of active duty enlisted service for the Army Good Conduct Medal (1st Award) from 2 January 1957 through 
11 December 1959.

	a.  He attained the rank of PFC (E-3).

   b.  He was recognized for his service in Lebanon with the American Land Forces Middle East.

   c.  He completed 2 years, 11 months, and 10 days of honorable active service with no lost time.
	
   d.  Based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal.

3.  The governing regulation states a DD Form 214 will not be reissued unless it cannot be properly corrected by issuance of a DD Form 215.  The applicant's DD Form 214 can be easily corrected by issuing a DD Form 215 and adding the aforementioned awards to item 26 of his DD Form 214.  Therefore, the applicant is not entitled to a new DD Form 214 in this instance.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 January 1957 through 11 December 1959 (Standard Name Line:  PFC Company B, 187th Infantry, 1st Airborne Battle Group, 11th Airborne Division);

	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
 
2.  The Board further determined that the evidence presented was 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 a new 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)                                         AR20110022734



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022734



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1