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ARMY | BCMR | CY2002 | 2002066845C070402
Original file (2002066845C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 April 2002
         DOCKET NUMBER: AR2002066845

         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Curtis L. Greenway Member
Ms. Regan K. Smith 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 to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         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 opinion, if any)


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

APPLICANT STATES: In effect, that he is eligible for the AFEM and was never awarded it.

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

He served in the Regular Army from 22 January 1958, until he returned from Germany and was honorably released from active duty on 4 November 1960, as an early release overseas returnee. He had served 1 year, 11 months and 23 days in Germany and was transferred to the United States Army Reserve (USAR).

On 18 October 1961, he was ordered to active duty at Fort Bragg, North Carolina. He was honorably released from active duty on 9 August 1962 and was transferred to the USAR Control Group (Annual Training). He had no overseas service during that tour of active duty.

The applicant’s records show that his only overseas service was performed in Wurzburg, Germany, with the 3rd Infantry Division (November 1958 to November 1960) and that he was honorably discharged from the USAR on 31 December 1963.

Army Regulation 600-8-22 provides the criteria for award of the AFEM in Germany. It states, in pertinent part, that the AFEM was only authorized for personnel assigned to units in Berlin during the period of 14 August 1961 to 1 June 1963.

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. 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.

2. Not only was the applicant not assigned to Germany during the period the AFEM was authorized, he also was not assigned to Berlin, the only duty station that was authorized the award in Germany.

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:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__rks ___ ___wtm__ ___clg __ DENY APPLICATION



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




INDEX

CASE ID AR2002066845
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/04/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 118 107.0072/AFEM
2.
3.
4.
5.
6.


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