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ARMY | BCMR | CY2002 | 2002079655C070215
Original file (2002079655C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002079655

         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Roger W. Able Member
Mr. Patrick H. McGann 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: Correction of his records to show award of the Armed Forces Expeditionary Medal.

APPLICANT STATES: That he was on active duty for the "Reserve Callup" from October 1961 to October 1962.

In support of his application, the applicant submitted a reproduced copy of a DD Form 214 (Report of Separation from the Armed Forces of the United States) which is illegible, a copy of his DA Form 66 (Officer Qualification Record), a 3 October 2002 letter from the Director of the National Personnel Records Center (NPRC) to a Member of Congress, a 28 June 2002 letter from a Member of Congress with attached copies of an Army Officer Efficiency Report and Officer Qualification Record to the NPRC, and a copy of a 30 April 2002 letter with attachments from a Member of Congress to Army Legislative Liaison

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

The applicant enlisted in the Regular Army on 10 October 1949. Upon graduation from Officer Candidate School, he was commissioned in the U.S. Army Reserve (USAR) as a second lieutenant on 22 April 1952. The applicant served on active duty until he was separated on 9 October 1953 and transferred to the USAR. The applicant was transferred to the Retired Reserve effective 21 May 1982 and was placed on the retired list effective 24 June 1991 as a colonel/pay grade O-6.

The applicant's records contain a DD Form 214 which shows that he was ordered to active duty on 29 September 1961 by Executive Order 10957, dated 10 August 1961. This DD Form 214 shows that the applicant was relieved from active duty effective 4 August 1962 and reverted to his USAR unit in Connecticut.

Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the Armed Forces Expeditionary Medal as an authorized award.

Item 18 (Record of Assignments) of the applicant's DA Form 66 shows that, on 29 September 1961, he was ordered to active duty from the USAR. This record shows he served as the B Battery Commander of the 4th Battalion of the 40th Artillery at Fort Bragg, North Carolina, from 15 October 1961 until 5 April 1962.

The applicant's DA Form 66 shows that he served as the Assistant S-3 [assistant operations officer] from 6 April 1962 until 24 July 1962. He was relieved from active duty and returned to his USAR unit on 4 August 1962.


Among the documents provided by the applicant is his DA Form 67-5 (Army Officer Efficiency Report) for the period 15 October 1961 to 31 January 1962. Item 7 (Unit, Organization, Station and Major Command) shows the following entries: "Btry [Battery] B 4th How Bn (105mm) 40th Arty [4th Howitzer Battalion 105milimeter) 40th Artillery] Fort Bragg, North Carolina Third US Army."

Army Regulation 600-8-22 (Military Awards) governs 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 include 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 (Military Awards).

Paragraph 2-12c of Army Regulation 600-8-22 shows the designated U.S. military operations, areas, and dates for which award of the Armed Forces Expeditionary Medal was authorized. Review of this paragraph shows that, during the period of the applicant's active duty from 29 September 1961 to 4 August 1962, the Armed Forces Expeditionary Medal was only authorized for operations on the Quemoy and Matsu Islands from 23 August 1956 to 1 June 1963 and for operations in Berlin, Germany, for the period 4 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. The Board considered the applicant's request for award for award of the Armed Forces Expeditionary Medal.

2. Evidence of record shows the applicant served on active duty during the period 29 September 1961 through 4 August 1962.

3. The regulation governing award of the Armed Forces Expeditionary Medal shows that, during the period of the applicant's active duty, the Armed Forces Expeditionary Medal was only authorized for award for military operations on the Quemoy and Matsu Islands and for operations in Berlin.

4. Evidence of record shows the applicant served his active duty as a member of the 4th Battalion of the 40th Artillery located at Fort Bragg, North Carolina.

5. There is no evidence the applicant was a bona fide member of a unit engaged in military operations on the Quemoy and Matsu Islands or in Berlin, or served in the area of operations for 30 days, or entered the area of operations in direct support of operations these operations.

6. There is no evidence in the records available to the Board the applicant performed other service that qualified him for award of the Armed Forces Expeditionary Medal.

7. 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.

8. 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

__PHM__ __RWA__ __SAC___ DENY APPLICATION



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




INDEX

CASE ID AR12002079655
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY MR CHUN
ISSUES 1. 107.0072.0000
2.
3.
4.
5.
6.


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