IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110024238 


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 deployment to Lebanon in 1958.

2.  The applicant states his DD Form 214 for the period ending 17 July 1959 notes his assignment with the 570th Transportation Company (Terminal Service), but it does not include his duty in Lebanon.

3.  The applicant provides a letter from the Awards and Decorations Branch,
U.S. Army Human Resources Command (HRC), Fort Knox, KY, with an enclosed
DD Form 215 (Correction to DD Form 214), both dated 26 September 2011.

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.  On 20 July 1956, the applicant enlisted in the Regular Army for a period of
3 years.  He completed his initial training and he was awarded military occupational specialty 550.00 (Supply Handler).

3.  Section 5 (Service Outside Continental United States) of the applicant's
DA Form 24 (Service Record) covering the period from 20 July 1956 to 17 July 1959 shows the applicant was assigned to Beirut, Lebanon from 3 August to
24 October 1958.

4.  The HRC letter provided by the applicant states the Awards and Decorations Branch determined he was authorized the Armed Forces Expeditionary Medal (AFEM) for his service in Lebanon in 1958.  The letter further states that his
DD Form 214 was corrected to show this award.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The regulation did not provide for any entries to identify a specific overseas service location.

6.  Army Regulation 635-5, currently in effect, states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks section.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant served in Lebanon from 3 August to 24 October 1958.  As a matter of equity, his DD Form 214 should be corrected to show the entry "SERVICE IN LEBANON FROM 19580803 - 19581024."

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 all Department of the Army records of the individual concerned be corrected by adding to item 32 (Remarks) of his DD Form 214 for the period ending 17 July 1959 the entry "SERVICE IN LEBANON FROM 19580803 - 19581024."



      ____________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)                                         AR20110024238



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ABCMR Record of Proceedings (cont)                                         AR20110024238



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