MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           11 April 2002                  
	DOCKET NUMBER:   AR2001064981

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                Records.
	Exhibit B - Military Personnel Records (including
	     advisory opinions, if any).

APPLICANT REQUESTS:  That he be awarded the Armed Forces Expeditionary Medal (AFEM).  

APPLICANT STATES:  That he received an indication that he was entitled to the AFEM by way of a newspaper article indicating that many soldiers are entitled to the award for service in Vietnam.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant entered active duty on 4 November 1968 at age 21 with a 12th grade education.  He completed basic combat training and advanced individual training (AIT) with award of the military occupational specialty (MOS) 63B (Wheeled Vehicle Repairmen). 

Upon completion of AIT he was assigned to the 53rd Signal Battalion in Vietnam for the period from 15 May through 20 November 1970.  He returned to the United States and served the remainder of his active duty at Fort Stewart, Georgia.

The applicant was released from active duty and transferred to the Army Reserve Control Group (Reinforcement) on 5 November 1971.  His Report of Transfer or Discharge (DD Form 214) lists his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AFEM was awarded for service in Vietnam for the period 1 July 1958 through 3 July 1965.  Further it states that no individual may be entitled to award of both the AFEM (for service in Vietnam) and the Vietnam Service Medal (VSM).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant did not serve in Vietnam during the period for which the AFEM was issued and even if he had he cannot receive both the AFEM and the VSM. 

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

__mkp__  ___eaj __  __rtd____  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2001064981	
SUFFIX		
RECON		
DATE BOARDED	20020411	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	107.0072	
2.		
3.		
4.		
5.		
6.