IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080009778 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, in effect, that he be awarded the Armed Forces Expeditionary Medal for his active duty service in Taiwan from May 1958 through April 1960. 2. The applicant states that he was a member of the United States Army's 176th Army Security Agency (ASA) unit stationed at Linkou Base, Taiwan. He recently learned that several of his ex-comrades who were stationed at Linkou Base during the same time period, both Army and Air Force, have received the Armed Forces Expeditionary Medal for their service there. He is, therefore, very confident of his eligibility for this medal. He is currently 71 years old and would be quite honored after all these years to receive it. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request. 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 record shows he enlisted in the Regular Army on 19 July 1957. He was trained as a direction finding operator in military occupational specialty (MOS) 056. He was promoted to PFC/E-3 on 29 April 1959. He served in Taipei, Taiwan, from 19 June 1958 to 17 April 1960. He served until he was honorably released from active duty on 21 April 1960. 3. The applicant’s DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Carbine Bar. His DD Form 214 does not show any additional awards. 4. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows that he was assigned to the 176th U.S. ASA Company from 20 June 1958 to 16 April 1960. 5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 to friendly foreign nations. Qualification for this award includes the requirements to be a bona fide member in a unit engaged in the operation or service in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations. 6. Army Regulation 600-8-2 lists the designated U.S. military operations, areas, and dates for eligibility for award of the Armed Forces Expeditionary Medal. The regulation, in pertinent part, shows that service in the Taiwan Straits Crisis from 23 August 1958 to 1 January 1959 qualifies a Soldier for the award. DISCUSSION AND CONCLUSIONS: The applicant’s foreign service in Taipei, Taiwan, from 19 June 1958 to 17 April 1960 qualified him for award of the Armed Forces Expeditionary Medal. He is therefore entitled to correction of his records to show this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ 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 all Department of the Army records of the individual concerned be corrected by awarding him the Armed Forces Expeditionary Medal and adding this award 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) AR20080009778 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009778 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1