RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060010019 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm 

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Armed Forces Expeditionary Medal (AFEM). 

2.  The applicant states, in effect, that he was in Berlin on temporary duty (TDY) and went on patrol into East Berlin to check on their activities, through Check Point Charlie. 

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 4 January 1965, the date of his release from active duty.  The application submitted in this case is dated 10 July 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's complete records are unavailable for review.  

4.  The available documents show he entered active duty (AD) on 15 January 1962.  He successfully completed basic combat training and advanced individual training at Fort Jackson, South Carolina.  He was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.  He served in Germany from 26 July 1963 to 23 December 1964.  He was promoted to specialist four (SP4/E-4) on 16 September 1964. 

5.  He continued to serve until he was honorably released from active duty on 4 January 1965.  He was transferred to the U.S. Army Reserve (USAR).  




6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Sharpshooter Marksmanship Qualification Badge, with pistol bar; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14); and the Army of Occupational Medal, with Germany Clasp.  His DD Form 214 does not show any additional awards.  

7.  There is no entry in Section 9 (Medals, Decorations, and Citations), of the applicant's DA Form 24 (Service Record), showing he was awarded the AFEM.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the AFEM 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 for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation, or serve in the area of operations, or be engaged in direct support of the operation provided this support involves entering the area of operations, being engaged in combat, participation as a member of an aircraft flying in support of the operation, or being recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  

9.  The same regulation lists the designated U.S. military operations, areas, and dates for eligibility for award of the AFEM.  The regulation, in pertinent part, shows that service in Berlin from 14 August 1961 to 1 June 1963 qualifies for this award.  

10.  Army Regulation 600-8-22 prescribes Department of the Army policy, criteria, and administrative instructions concerning military awards.  It states, in pertinent part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, between 1 January 1961 to 14 August 1974, and between 2 August 1990 to 30 November 1995.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record available which shows that he was deployed in support of Berlin operations from 14 August 1961 to 1 June 1963, or that foreign service in Germany qualified him for award of the AFEM.  Therefore, there is insufficient evidence on which to base an award of the AFEM in this case.    

2.  The evidence of record shows that the applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.
3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 January 1965; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 January 1968.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___A____  __JLP___  ___EM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned for award of the Armed Forces Expeditionary Medal.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the National Defense Service Medal. 




______James E. Anderholm_____
          CHAIRPERSON

INDEX

CASE ID
AR20060010019
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070206
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19650104
DISCHARGE AUTHORITY
AR 635-205
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.