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ARMY | BCMR | CY2003 | 2003085119C070212
Original file (2003085119C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2003085119

         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. Luis Almodova Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Thomas B. Redfern, III Member
Ms. Karen A. Heinz 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: In effect, that he be awarded the Armed Forces Expeditionary Medal for the Berlin Crisis of 1961.

APPLICANT STATES: In effect, that while stationed at Fort Lewis, Washington, in August 1961, he was involuntarily extended beyond his discharge date under the provision of Public Law 87-117 for the Berlin Crisis. The 32nd "Red Arrow" Infantry Division of the Wisconsin Army National Guard was activated and stationed at Fort Lewis. He was assigned to Headquarters Company, 2nd Battle Group, 47th Infantry. He spent the majority of his time in the field training and assisting in training the 32nd Infantry. After 13 weeks of training, the unit was declared STRAC, ready for deployment. He believes that he is entitled to the Armed Forces Expeditionary Medal and feels that this award will finally recognize his duty to his country during very trying times from 1958 to 1962 during the Berlin Crisis.

In support of his application, the applicant submitted a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; a copy of Section 10 (Remarks) and Section 11 (Identification of Initials) extracted from his DA Form 24, Service Record; 3 pages of information about the Armed Forces Expeditionary Medal downloaded from the Internet; and a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 30 September 1986.

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

The applicant enlisted in the Regular Army for three years on 15 October 1958. He completed basic combat training and advanced individual training at Fort Leonard Wood, Missouri. The applicant served in Germany from 21 April 1959 until 16 May 1961.

On 17 May 1961, the applicant was assigned to Headquarters Company, 2nd Battle Group, 47th Infantry at Fort Lewis, Washington, on his return from overseas assignment in Baumholder, Germany. On 22 December 1961, he was assigned to C Company, 1st Battle Group, 12th Infantry, at Fort Lewis.

The applicant was honorably released from active duty on 7 February 1962 at the expiration of his term of service. He was transferred to the US Army Reserve Control Group (Reinforcement) in the rank and pay grade, Private First Class,
E-3. On his release from active duty, he had 3 years, 3 months, and 23 days active Federal service with no lost time. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows "None" for awards; however, The DD Form 215 prepared on 30 September 1986 by the Army Reserve Personnel Center


awarded the applicant the following: Good Conduct Medal, National Defense Service Medal; Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Carbine Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. Neither document shows the Armed Forces Expeditionary Medal as an authorized award.

Section 10 of the applicant's Service Records contains an entry showing that he was involuntarily extended on 1 August 1961 beyond his discharge date under the provision of Public Law 87-117 for the Berlin Crisis.

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 for service in Berlin are from 14 August 1961 through 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 of the Armed Forces Expeditionary Medal.

2. The evidence of record shows the applicant served on active duty during the period 15 October 1958 through 7 February 1962, and his expiration of service date was involuntarily extended under Public Law 87-117, on 1 August 1961, for the convenience of the Government, during the Berlin Crisis.

3. The evidence of record further shows that the applicant was stationed at Fort Lewis, Washington, and the applicant was not a bona fide member of a unit engaged in military operations in Berlin, and did not serve in the area of operations for 30 days. There is no evidence to show that the applicant entered the area in direct support of operations there.
4. 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.

5. 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.

6. 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

__aao___ __tbr___ __kah___ DENY APPLICATION



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




INDEX

CASE ID AR2003085119
SUFFIX
RECON
DATE BOARDED 20030605
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0000
2. 107.0072
3.
4.
5.
6.



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