IN THE CASE OF:	  

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120007856 


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 his records be corrected to show he participated in Operation Blue Bat and is entitled to the award of the Armed Forces Expeditionary Medal. 

2.  The applicant states he was a movement specialist assigned to duty with the Port Operations U.S. Army - Europe (USAREUR) in Bremerhaven, Germany.  During Operation Blue Bat, he was in charge of providing transportation, assisting in the loading and unloading special cargo being transported by sea to Lebanon and other countries in the region.  The President authorized award of the Armed Forces Expeditionary Medal for this operation on 4 December 1961.

3.  The applicant provides his DD Form 214 (Report of Transfer or Discharge).

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from document provided by the applicant.

3.  The DD Form 214 shows:

	a.  active duty service in the Army of the United States from 11 March 1957 through 2 March 1959;

	b.  service in military occupational specialty 719.10 (Movement Specialist);

	c.  1 year, 6 months, and 8 days of foreign service (location not recorded); and

	d.  no authorized awards or decorations. 

4.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area 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.  

5.  Army Regulation 15-185 (ABCMR), states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  It will decide cases on the evidence of record and it is not an investigative body.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The only official military document available for review is the applicant's DD Form 214, which does not provide any evidence of where the applicant served other than it was overseas.

2.  Without additional official documentation it is impossible to determine if the applicant served in Operation Blue Bat or meets the eligibility requirements for award of the Armed Forces Expeditionary Medal.  Therefore, no relief is warranted 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 that 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)                                         AR20120007856



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ABCMR Record of Proceedings (cont)                                         AR20120007856



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