BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120006064 


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 her father's records, a deceased former service member (FSM), as follows:

* add the Armed Forces Expeditionary Medal and issue the medal
* issue an appropriate document showing all of the FSM's authorized awards

2.  The applicant states her father wore the Armed Forces Expeditionary Medal in an Army photograph.  He served in Lebanon.  Her mother spoke of his service in Lebanon and she has seen letters he wrote while he was there.

3.  The applicant provides:

* the FSM's American Land Forces Middle East Certificate, dated 1958
* the applicant's marriage certificate
* a letter from the applicant's mother, dated 16 March 2012
* three letters from the applicant
* two letters from the National Personnel Records Center, dated 16 May 2011

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 FSM's available records show he enlisted in the Regular Army on 4 August 1948 and held military occupational specialty (MOS) 3319 (Construction Equipment Mechanic).

3.  His WD AGO Form 24A (Service Record) shows he was assigned in Korea and served with Headquarters Company, 3rd Logistical Command, from 26 September 1950 to 14 October 1951 and with the 50th Engineer Port Construction Company from 15 October 1951 to 2 February 1952.  This form further shows he was credited with campaign participation for the following campaigns during his service in Korea:

* United Nations Offensive, Korea – 25 September 1950 to 2 November 1950
* Chinese Communist Forces Intervention, Korea – 3 November 1950 to 24 January 1951
* First United Nations Counteroffensive, Korea – 25 January 1951 to 21 April 1951
* Chinese Communist Forces Spring Offensive, Korea – 22 April 1951 to 29 June 1952

4.  His WD AGO Form 20 (Soldier's Qualification Record) shows he was awarded the Korean Service Medal with four bronze service stars and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

5.  He was honorably discharged on 7 May 1952.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 3 years, 9 months, and 4 days of net active service during this period, 1 year, 5 months, and 23 days of which was credited as foreign service.  This form also shows he was awarded the Korean Service Medal with four bronze service stars.

6.  After having served in the U.S. Army Reserve, the FSM again enlisted in the Regular Army on 16 October 1956 and held MOS 622.60 (Construction Equipment Mechanic).  His DA Form 24 shows he served in Germany from 24 September 1957 to 18 October 1960; however, he was briefly assigned in Beirut, Lebanon, from 1 August 1958 to 5 October 1958 during this period.  This form further shows he was awarded or authorized the following:

* Letter of Commendation, dated 26 April 1957
* Korean Presidential Unit Citation, dated 7 February 1958
* Expert Marksmanship Qualification Badge with Rifle Bar (Carbine), dated 13 September 1961
* Mechanic Badge by Special Orders (SO) Number 137, dated 13 September 1961
* Driver and Mechanic Badge with Driver-W Bar by SO Number 48, dated 20 March 1962
* Army Good Conduct Medal (1st Award) by General Orders (GO) Number 31, dated 14 September 1962

7.  He was honorably discharged on 23 September 1962.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows he completed 5 years, 11 months, and 8 days of net active service during this period, 2 years, 8 months, and 12 days of which was credited as foreign service in Germany.  This form also shows he was awarded or authorized the following:

* Letter of Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Korean Presidential Unit Citation
* Mechanic Badge
* Driver and Mechanic Badge with Driver-W Bar

8.  He reenlisted in the Regular Army on 24 September 1962.  He was then honorably discharged as an enlisted Soldier on 20 November 1962 to accept an appointment as a warrant officer with concurrent call to active duty.  His DD Form 214 for this period of service shows he completed 1 month and 27 days of net active service during this period.

9.  His DA Form 66 (Officer Qualification Record) shows he was twice assigned to Germany and he served two tours of duty in Vietnam.

	a.  His first tour of duty in Vietnam was from 9 September 1966 to 25 August 1967.  He was assigned to Headquarters and Headquarters Company, 14th Engineer Battalion (Combat), from 13 December 1966 to 22 August 1967.

	b.  His second tour of duty in Vietnam was from 17 April 1970 to 13 April 1971.  He was assigned to Delta Military Assistance Command (DMAC), U.S. Army Advisory Group (USAAG), IV Corps and Military Region 4 (MR4), U.S. Military Assistance Command-Vietnam (MACV) from 21 April 1970 to 13 April 1971.

10.  His DA Form 66 also shows he was awarded or authorized the following awards which were not previously listed in other service records:

* National Defense Service Medal (2nd Award)
* Army Service Ribbon
* Army Commendation Medal (1st Award) by GO Number 29, dated 12 February 1964
* Army Commendation Medal (2nd Award) by GO Number 19, dated 24 August 1967
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Bronze Star Medal by GO Number 1338, dated 25 March 1971
* Technical Service Honor Medal 2nd Class, dated 20 April 1971
* Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine), dated 14 March 1962
* Expert Marksmanship Qualification Badge with Rifle Bar (M16), dated 23 September 1969

11.  His record contains a DD Form 1300 (Report of Casualty), dated 25 January 1972.  This report shows the FSM accidentally died on 16 January 1972.  He had completed 9 years, 2 months, and 16 days of active service during the period prior to his death.

12.  Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

13.  Army Regulation 600-8-22 states 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.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his two periods of service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase II – 1 July 1966 to 31 May 1967
* Vietnam Counteroffensive Phase III – 1 June 1967 to 29 January 1968
* Sanctuary Counter offensive – 1 May 1970 to 30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970 to 30 June 1971

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his service with:

	a.  Headquarters and Headquarters Company, 14th Engineer Battalion (Combat), Vietnam, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 18 October 1966 to 18 July 1967 by GO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by GO Number 8, dated 1974

	b.  DMAC, USAAG, IV Corps and MR4, MACV, this unit was cited for award of the:

* Meritorious Unit Commendation for service from 18 October 1966 to 18 July 1967 by GO Number 48, dated 1968
* Meritorious Unit Commendation for service from 1 November 1968 to 30 June 1970 by GO Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 8 February 1962 to 28 March 1973 by GO Number 8, dated 1974

16.  Department of the Army Pamphlet 672-3, paragraph 6, states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation 

badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Korean Service Medal with four bronze service stars.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  The FSM's DD Form 214 for the period ending 23 September 1962 did not include award of the Army Good Conduct Medal or Armed Forces Expeditionary Medal.

	a.  GOs awarded the FSM the Army Good Conduct Medal on 14 September 1962; therefore, he is entitled to correction of his records to show this award.

	b.  The evidence of record shows he served in Lebanon from 1 August to 5 October 1958, a qualifying period for award of the Armed Forces Expeditionary Medal; therefore, he is entitled to correction of his records to show this award.  He is also entitled to have it issued.

3.  The FSM was not issued a DD Form 214 for the period 30 October 1962 to 16 January 1972; however, he was awarded or authorized the following:

* National Defense Service Medal (2nd Award)
* Army Commendation Medal (2nd Award
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign medal with Device (1960)
* Bronze Star Medal
* Technical Service Honor Medal 2nd Class
* Meritorious Unit Commendation (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Mechanic Badge
* Driver and Mechanic Badge with Driver-W Bar
* Republic of Korea Presidential Unit Citation
* two overseas service bars


4.  Had the FSM not died, he would have been issued a DD Form 214 listing every award he received throughout the course of his military career.  Since his death prevented the issuance of a DD Form 214, an appropriate document showing all of his authorized awards should be issued.

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:

* issuing an appropriate document listing the FSM's following authorized awards:

* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal (2nd Award)
* Korean Service Medal with four bronze service stars
* United Nations Service Medal
* Armed Forces Expeditionary Medal (Lebanon)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (3rd Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Korea Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Mechanic Badge
* Driver and Mechanic Badge with Driver-W Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (Carbine)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Letter of Commendation
* two overseas service bars

* issuing to the applicant the Armed Forces Expeditionary Medal



      ___________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)                                         AR20120006064



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006064



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1