IN THE CASE OF:	  

		BOARD DATE:  20 November 2012

		DOCKET NUMBER:  AR20120008164 


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 Beirut, Lebanon in 1958 and to show award of the Armed Forces Expeditionary Medal based on his service in Lebanon.  

2.  He states he arrived in Beirut, Lebanon in early August 1958 while assigned to Company A, 79th Engineer Battalion.  He states he served there until the latter part of October 1958 then he returned with his unit to Pirmasens, Germany.  In March 2012, the National Personnel Records Center notified him that his records were damaged as a result of a fire on 12 July 1973 and they couldn't be reconstructed.  

3.  He provides:

* Statement of support
* Excerpt from Rapid Deployment Logistics Lebanon, 1958
* Three Blazing Sun Chapel Christian service programs
* Letter addressed to his sister and brother-in-law
* Certificate from Headquarters, American Land Forces Middle East
* Certificate awarding him the Blazing Sun Award



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 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, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's DD Form 214 indicates he was called from Reserve duty and ordered to active duty on 26 November 1956 for a period of two years.  This discharge document also indicates in:

   a.  item 11d (Effective date), he was released from active duty on 25 November 1958;
   
   b.  item 12 (Last Duty Assignment and Major Command), he was assigned to Company A, 79th Engineer Battalion, Army Postal Office 189;

   c.  item 24c (Foreign and/or Sea Service), he served 1 year, 5 months, and 27 days of foreign service;
   
   d.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Army Good Conduct Medal; and 
   
   e.  item 32 (Remarks), he was released from active duty and returned to the Army Reserves to complete remaining service obligation of 3 years, 11 months, and 5 days.



4.  He provided the following documents in support of his claim: 

   a.  a statement, dated 17 April 2012, from an individual attesting he was a lifelong resident of Pelham, NH, was acquainted with the applicant for approximately 35 years, and had witnessed the applicant's honest and unselfish service to the Town of Pelham and Pelham School district.  He states he believed, with the applicant's honorable character, his claim that he served in Beirut, Lebanon during the 1958 crisis known as "Operation Bluebat;"
   
   b.  an excerpt from the Rapid Deployment Logistics in Lebanon, 1958, which indicates the Engineer Construction Battalion, 79th Engineer Battalion served in Lebanon;
   
	c.  three Blazing Sun Chapel Christian service programs, dated 31 August, 7 September, and 14 September 1958, which indicate these services were held with the 79th Engineer Battalion (Construction) in Beirut, Lebanon; 

	d.  a personal letter, dated 19 October 1958, addressed to his sister and brother-in-law, informing them he left Beirut and arrived in Frankfurt, Germany after stopping in Naples, Italy; 

   e.  an undated certificate which indicates he served with the American Land Forces Middle – East, Lebanon in 1958; and 

   f.  a certificate, dated 27 October 1958, which indicates he was awarded the Blazing Sun Award for his outstanding performance of duty while assigned to the 79th Engineer Battalion from 8 December 1957 to 29 October 1958.
   
5.  Army Regulation 635-5 (Separation Documents) 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.  The version in effect at the time stated that the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed would be entered in item 24c.  

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Lebanon during the period 1 July through 1 November 1958.

7.  Information obtained from the internet (www.79thenginners.com/history) indicates that in July 1958 the 79th Engineer Battalion went to help Lebanon, setting up camp in the olive groves of Beirut.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant shows he was assigned to Company A, 79th Engineer Battalion and this unit served in Beirut, Lebanon sometime between July and October 1958.  Therefore, it is accepted that he served a period of qualifying service for award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.

2.  Based on Army Regulation 635-5, total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 and the last oversea theater service performed are entered in item 24c.  Therefore, it would appropriate to amend item 24c of his DD Form 214 to show the entry "USAREUR" indicating his service in Europe.  

3.  The specific dates the applicant served in Beirut, Lebanon with his unit cannot be determined.  His DD Form 214 shows he completed 1 year, 5 months, and 27 days of foreign service, which may include his service in Lebanon.  However, the available evidence appears to show he served in Lebanon sometime between August and October 1958.  Therefore, it would be appropriate to amend item 32 of his DD Form 214 to show he served in Lebanon from on or about August to October 1958.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 24c to include the entry "USAREUR;"
	b.  amending item 26 to add award of the Armed Forces Expeditionary Medal; and

	c.  amending item 32 to show the entry "Service in Lebanon from on or about August to October 1958."  




      _______ _  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)                                         AR20120008164





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ABCMR Record of Proceedings (cont)                                         AR20120008164



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