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ARMY | BCMR | CY2002 | 2002078262C070215
Original file (2002078262C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 March 2003
         DOCKET NUMBER: AR2002078262


         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. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Ms. Linda D. Simmons Member
Mr. Frank C. Jones II 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.


2. The applicant requests that he be awarded the Armed Forces Expeditionary Medal (AFEM).

3. The applicant states, in effect, that he served as a border guard with Troops K and I of the 3rd Squadron, 11th Armored Cavalry Regiment (ACR), in direct support of troops serving in Berlin and along the Czechoslovakia (CZECH) border for 31 months. He further states that he was stationed in Regensburg, West Germany and entered and exited Germany through Bremerhaven. In support of his application he submits an electronic mail (e-mail) message from a fellow soldier who served with him and who indicates that their unit served 1 month of every 3-month period in Rotz, West Germany, guarding the Czech border. He also submits a certificate from The Imminent Society of Border Legionaires, which indicates that the applicant visited the fabled iron curtain during a tour of inspection. He also submits a personal letter from a former officer of the 11th ACR.

4. The applicant’s military records show that he enlisted in Nashville, Tennessee, on 22 April 1959 for a period of 3 years. He completed his basic combat training at Fort Jackson, South Carolina and his advanced individual training (AIT) as an armor crewman at Fort Knox, Kentucky.

5. Upon completion of his AIT he was transferred to Germany on 9 September 1959. He departed New York and arrived at Bremerhaven, West Germany on 18 September 1959 He was initially assigned to Company H, 3rd Battalion, 11th ACR, which was subsequently redesignated as Troop K, 3rd Recon Squadron, 11th ACR. On 19 October 1961 he was transferred to Troop I, 3rd Recon Squadron, 11th ACR. His records show that he initially served as a loader, then became a mechanics helper and from there progressed to a senior track vehicle mechanic. His unit was located in Regensburg, West Germany, an area along the Czech border in southern Germany, near Munich.

6. The applicant remained in Germany until he was returned to the United States and was honorably released from active duty (REFRAD) in the pay grade of E-4, at Fort Hamilton, New York, on 30 April 1962. He had served 3 years and 9 days of total active service and his report of separation shows that he received no awards. However, his records show that he was awarded and issued the Sharpshooter Marksmanship Badge with M-1 Rifle Bar and the Expert Marksmanship Badge with Carbine Bar.

7. Army Regulation 600-8-22 serves as the authority for decorations and awards. It provides, in pertinent part, that the AFEM is awarded for United States Military Operations in Berlin for a period of at least 30 consecutive or 60 non-consecutive days.

8. That regulation also provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

9. In the processing of this case, a staff member of the Board reviewed the internet site containing the home page of the Berlin Brigade (BERLINBRIGADE.com) which contains a list of units that comprised and supported the operations of the Berlin Brigade. The 11th ACR was not listed as a unit that supported the operations of that unit.

CONCLUSIONS:

1. Although the applicant was assigned to a unit that guarded the Czech border in West Germany, his unit was far removed from Berlin, the only area in West Germany that was authorized to receive the AFEM for service in the Berlin area. Accordingly, absent information to show that he actually served in Berlin during the prescribed period, there is no basis to award him the AFEM for his service in Germany.

2. However, the applicant was authorized to be awarded the NDSM for his active service and the Board finds that it would be in the interest of justice to do so at this time.

3. Additionally, the applicant was awarded and issued the Expert Marksmanship Badge with Carbine Bar and the Sharpshooter Marksmanship Badge with M-1 Rifle Bar. However, it appears that an administrative oversight resulted in those badges being omitted from his DD Form 214 at the time of his REFRAD. Accordingly, his records should be corrected to reflect his awards of those badges as well as his NDSM.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding him the NDSM and by also showing that he was awarded the Expert marksmanship Badge with Carbine Bar and the Sharpshooter Marksmanship Badge with M-1 Rifle Bar.





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

BOARD VOTE:

__fcj____ ___lds __ __wtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison____
                  CHAIRPERSON




INDEX

CASE ID AR2002078262
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/03/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 118 107.0072/AFEM
2. 154 107.0108/EX BD
3. 155 107.0109/SHSH BD
4. 189 110.0000/CORR 214
5.
6.


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