IN THE CASE OF:	  

		BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130007556 


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 the Armed Forces Expeditionary Medal and his foreign service in Lebanon.

2.  The applicant states he received the Armed Forces Expeditionary Medal for his service in Lebanon and he would like this award and his Lebanon service added to his DD Form 214.

3.  The applicant provides:

* Certificate, dated 16 September 1958
* DD Form 214
* Letter, dated 19 May 1977
* Letter, dated 11 April 2013

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 his 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 was inducted into the Army of the United States on 10 January 1957 and he held military occupational specialty 111.07 (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.

4.  His record contains two DA Forms 1 (Morning Report) which show:

	a.  on 15 July 1958, Company E, 1st Airborne Battle Group, 187th Infantry Regiment, 24th Infantry Division listed the applicant as an assigned gain.

	b.  on 13 December 1958, Company E, 1st Airborne Battle Group, 187th Infantry Regiment, 24th Infantry Division, Germany, listed the applicant as a loss.

5.  His DD Form 214 shows he was honorably released from active duty on 
26 December 1958.  His DD Form 214 also shows in:

* Item 11c (Reason and Authority) he was an overseas returnee
* Item 12 (Last Duty Assignment and Major Command) the entry Company E, 1st Airborne Battle Group, 187th Infantry Regiment
* Item 24c (Foreign and/or Sea Service) he completed 1 year, 
4 months, and 22 day of foreign service
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Parachutist Badge
* Expert Marksman Qualification Badge with Rifle Bar
* Army Good Conduct Medal

6.  He provided a certificate, dated 16 September 1958, showing he was assigned to Company E, 1st Airborne Battle Group, 187th Infantry Regiment and he served with the American Land Forces Middle-East, Lebanon 1958.

7.  The 187th Airborne Infantry Regiment Association web page states that after the Korean War, the 187th Infantry Regiment (Rakkasans) returned to the United States and was stationed in Fort Bragg, NC.  When the Army reorganized into the battle group (BG) concept the Rakkasans were formed into three BGs.  In the mid-50s, the Rakkasans deployed to Europe as part of the 11th Airborne Division becoming one of three out of twenty-two World War II (WWII) Airborne Regiments to serve as an occupational force in both the European and Pacific theatres.  In 1958, the Rakkasans, as part of the 24th Airborne Brigade, 24th Infantry Division, deployed to Lebanon in the first major use of American Forces in the Middle East to establish peace and preserve that nation's independence.  Throughout its history elements of the 187th were assigned to the 11th, 82nd and 101st Airborne Divisions, becoming the only Airborne Regiment to have served in three of the five WWII Airborne Divisions.

8.  Army Regulation 600-8-22 (Military Awards) 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 service in Lebanon from 1 July 1958 to 1 November 1958.

9.  Army Regulation 635-5 (Separation Documents) in effect at the time, stated that item 24c would reflect "total active duty outside continental limits of the United States for the period covered by the DD Form 214."  There were no provisions for entering the actual location where the foreign service was performed on the DD Form 214 during the period in question.

DISCUSSION AND CONCLUSIONS:

1.  The 187th Airborne Infantry Regiment Association/unit history shows that in the mid-1950's his unit deployed to Europe.  In 1958, his unit, the 187th Infantry Regiment (Rakkasans), as part of the 24th Airborne Brigade, 24th Infantry Division, deployed to Lebanon.  

2.  The evidence of record indicates that his unit was based out of Germany.  Therefore, he would have deployed to Lebanon from that location.  He also provided a certificate showing he served in Lebanon in 1958.  

3.  Based on the evidence of record, his service meets the criteria for award of the Armed Forces Expeditionary Medal.  As such, he is entitled to correction of his DD Form 214 to add this award.


4.  His records contain sufficient evidence to show he served in Lebanon; unfortunately, there were no provisions for entering the location of the foreign service on an individual's DD Form 214 at the time he was released from active duty in December 1958.  Therefore, his foreign service is appropriately recorded in item 24c of his DD Form 214.

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 the Armed Forces Expeditionary Medal (Lebanon) to his DD Form 214.

2.  The Board further determined that 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 adding his service in Lebanon to his 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)                                         AR20130007556



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ABCMR Record of Proceedings (cont)                                         AR20130007556



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