PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 July 2002
         DOCKET NUMBER: AR2002071491


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

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Roger W. Able		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his records to show the medals and certificates to which he is entitled such as the “Armed Forces Expeditionary Medal, the National Defense Service Medal, the Cold War Certificate, etc.”

3. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) only shows award of the Good Conduct Medal. He contends that he has not even received one medal from the Army. He also contends that he should have received the same awards that a fellow soldier has listed on his DD Form 214. The applicant states that he did not send a copy of the fellow soldier’s DD Form 214 because of privacy issues.

4. The applicant’s military records show that he entered active duty on 28 April 1959 and served as a medical specialist. He served in Germany from 29 November 1959 through 19 April 1962. The applicant was honorably separated from active duty on 30 April 1962.

5. The applicant’s DD Form 214 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the Good Conduct Medal.

6. Section 9 (Medals, Decorations, and Citations) of the applicant’s DA Form 24 (Service Record) shows that he is entitled to award of the Good Conduct Medal which is shown on his DD Form 214. This record also shows that he is entitled to the award of the Expert Marksmanship Qualification Badge with Carbine component bar based on 3rd Battalion 50th Infantry Special Order 214, dated 23 March 1962. This badge is not shown on the applicant’s DD Form 214.

7. The applicant’s records do not show entitlement to award of the Armed Forces Expeditionary Medal, the National Defense Service Medal, or the Cold War Certificate.

8. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

9. 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. Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve 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. The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22 which shows that the Armed Forces Expeditionary Medal was awarded for service in Berlin during the period from 14 August 1961 to 1 June 1963.

10. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

11. The Board noted that the applicant has requested award of the Cold War Recognition Certificate. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445. Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

CONCLUSIONS:

1. The Board noted that the applicant was awarded the Good Conduct Medal which is shown on his DD Form 214.

2. The Board noted that the applicant was awarded the Expert Marksmanship Badge with Carbine bar which is not shown on his DD Form 214. Therefore, he is entitled to correction of his records to show this marksmanship badge.

3. The Board noted that the applicant’s contentions that fellow soldiers received the Armed Forces Expeditionary Medal for service during Cuban Missile Crisis and that he should have received the Armed Forces Expeditionary Medal because his unit deployed from its garrison location in Germany to Rhein Main Air Force Base in Germany. However, the applicant has presented no evidence that other soldiers in his unit received the Armed Forces Expeditionary Medal and he was denied that service medal. Notwithstanding his contentions, fact remains that the Armed Forces Expeditionary Medal was authorized for a specific group of military personnel serving in Berlin, Germany, and there is no evidence that the applicant or his unit were among those authorized to receive this award. Therefore, there is insufficient evidence in this case upon which to base award the Armed Forces Expeditionary Medal to the applicant.

4. The Board noted that the applicant served from 28 April 1959 through 30 April 1962 and that during a portion of this service the National Defense Service Medal was authorized for award. This medal is not shown on the applicant’s DD Form 214; therefore, the applicant is entitled to correction of his records to show award of the National Defense Service Medal.

5. Based on review of the applicant’s records and the military awards regulation, there is no evidence that the applicant is entitled to any awards, decorations or badges other than specified in these proceedings.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the National Defense Service Medal and the awarded the Expert Marksmanship Badge with Carbine bar.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__JHL___ __TBR__ __RWA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Joann H. Langston__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071491
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020709
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.