BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20110024936 


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 and the Sharpshooter Marksmanship Qualification Badge.

2.  The applicant states he served in Lebanon in 1958.  He also cannot find any record to support his sharpshooter badge, but he is a man of his word.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Headquarters, American Land Forces, Middle East certificate, dated
15 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 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 that the applicant’s 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's DD Form 214 shows he was inducted into the Army of the United States and entered active duty in Newark, NJ on 2 April 1957.  This form also shows at the time of his separation he held military occupational specialty 631.10 (wheel vehicle mechanic) and he was assigned to the 1st Transportation Company.

4.  On 19 March 1959, he was honorably released from active duty at Fort Dix, NJ and he was transferred to a U.S. Army Reserve unit to complete his remaining service obligation.  He completed 1 year, 11 months, and 18 days of total active service, which included 1 year, 6 months, and 21 days of foreign service.  The DD Form 214 he was issued at the time shows award of the Army Good Conduct Medal.

5.  He submitted a certificate, dated 15 September 1958, that shows he served with the American Land Forces, Middle East in Lebanon in 1958.  The certificate is signed by a lieutenant of the 1st Platoon, 1st Transportation Company, as well the commander of the American Land Forces, Middle East, a major general.

6.  There is no evidence of record and he did not provide any evidence that shows he qualified with any assigned weapons.

7.  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 states:

	a.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  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.  Qualifying service for this award includes participation in Lebanon from 1 July to 1 November 1958.

	b.  The marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  The purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders were required during the applicant's period of service.

DISCUSSION AND CONCLUSIONS:

1.  The certificate provided by the applicant shows he served in Lebanon with the 1st Platoon, 1st Transportation Company supporting the American Land Forces in Lebanon.  The certificate appears to be valid.  Although his dates of service cannot be confirmed, the certificate provided by the applicant is dated 
15 September 1958 and within the qualifying period of service in Lebanon for the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There is no evidence in the available record and the applicant did not provide any evidence that shows he qualified with any weapon systems and the degree of qualification.  Although there is no doubt the applicant is a man of his word, in the absence of orders or any other documentary evidence such as a memorandum, letter, roster, or other locally devised form, showing the date and class of qualification, there is an insufficient evidentiary basis for granting this portion of the applicant's 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 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 his DD Form 214 the Armed Forces Expeditionary Medal (Lebanon).

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 correcting his DD Form 214 to show a Sharpshooter Marksmanship Qualification Badge.



      ___________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)                                         AR20110024936



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ABCMR Record of Proceedings (cont)                                         AR20110024936



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