IN THE CASE OF:  

		BOARD DATE:  2 April 2015	  

		DOCKET NUMBER:  AR20140014323 


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 reflect any campaign or service medals he might be entitled to by virtue of his deployment with the 60th Ordnance Company to the Dominican Republic in April 1965.

2.  The applicant states:

* his unit deployed for approximately 1 month to Santo Domingo, Dominican Republic, in April 1965 in response to a national emergency
* he read in a Veterans of Foreign Wars publication that units deployed to Santo Domingo were entitled to campaign recognition

3.  The applicant provides his DD Form 214.

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 was inducted into the Army of the United States on 13 October 1964.

3.  His DA Form 20 (Enlisted Qualification Record) reflects he completed basic combat training and advanced individual training and was subsequently assigned to Headquarters, 80th Ordnance Group (Composite), Fort Bragg, NC, on 2 January 1965, with duty in military occupational specialty (MOS) 410.00 (Ammo Storage Helper).

4.  Headquarters, 80th Ordnance Group (Composite), Special Orders Number 16, dated 21 January 1965, reassigned the applicant from Headquarters, 80th Ordnance Group (Composite), to the 60th Ordnance Company (Ammo) with a reporting date of 23 January 1965.

5.  The applicant's service record does not contain and he has not provided any orders deploying him with the 60th Ordnance Company to the Dominican Republic.  His DA Form 20 is likewise void of reference to the deployment in both item 31 (Foreign Service) and item 38 (Record of Assignments).

6.  His service record contains two DA Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), dated 3 June 1965 and 13 June 1965, which corroborate the applicant was with his unit, the 60th Ordnance Company, in the Dominican Republic.

	a.  The DA Form 2627-1 dated 3 June 1965 stated, "It also has been reported that on or about 1800 hours [on] 2 June 1965 at 60th Ordnance Detachment (Ammo) APO [Army Post Office] US Forces  09478 you did disobey 5th Log [Logistical Command] Letter, Subject:  Conduct and Discipline, dtd [dated] 13 May 1965 by remaining in Boca Chica, Dominican Republic after the hours of darkness and so remaining until on or about 2030 hours 2 June 1965."

	b.  The DA Form 2627-1 dated 13 June 1965 stated, "It also has been reported that on or about 2200 hours, 10 June 1965 at 60th Ord Det [Ordnance Detachment] (Ammo) APO New York  09478, you did disobey 5th Log Letter, Subject:  Conduct and Discipline, dtd [dated] 13 May 1965, by remaining in Boca Chica, Dominican Republic, after the hours of darkness and so remaining until on or about 2300 hours, 10 June 1965."

7.  Headquarters, XVIII Airborne Corps and Fort Bragg, Special Orders Number 182, dated 29 July 1965, reassigned the applicant from the 60th Ordnance Company (Ammo) to Headquarters and Headquarters Detachment, 9th Logistics Command B, U.S. Army Pacific, Thailand.  Per these orders, he was scheduled to depart the 60th Ordnance Company (Ammo) on or about 4 August 1965.

8.  On 19 August 1966, the applicant was honorably released from active duty from the 528th Engineer Detachment in Thailand as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 reflects award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  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) lists operations in the Dominican Republic from 28 April 1965 through 21 September 1966 as qualifying for award of the AFEM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect any campaign or service medals he might be entitled to by virtue of his deployment with the 60th Ordnance Company to the Dominican Republic in April 1965 was carefully considered.

2.  Army Regulation 600-8-22 authorizes award of the AFEM for operations in the Dominican Republic from 28 April 1965 through 21 September 1966.

3.  His service records clearly establish his assignment to the 60th Ordnance Company from on or about 26 January 1965 through 4 August 1965.

4.  Two DA Forms 2627-1 in his records establish his presence in the Dominican Republic with the 60th Ordnance Company from 2 June 1965 through 14 June 1965 (13 days).  Although these dates fall within a qualifying time period for AFEM eligibility for operations in the Dominican Republic, there is no evidence of record corroborating the requisite 30 consecutive or 60 nonconsecutive days of deployment in the area of operations required for AFEM eligibility.  Therefore, there is insufficient evidence to support awarding him the AFEM for his deployment to the Dominican Republic at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140014323



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ABCMR Record of Proceedings (cont)                                         AR20140014323



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