RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012573 


	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.




	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 his military records be corrected to show the award of the Armed Forces Expeditionary Medal. 

2.  The applicant essentially states that he was stationed in Germany from January 1961 to November 1962 with the 1st Missile Battalion, but that this campaign is not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
12 July 1963, the date of his release from active duty.  The application submitted in this case is dated 28 August 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 military records show that he enlisted in the Regular Army on 13 July 1960.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 640.00 (Light Vehicle Driver).  He was later awarded MOS 165.10 (Field Artillery Missile Fire Control Crewman).  He departed the continental United States on 29 November 1960 for a tour in Germany, and arrived in Bremerhaven, Germany on 7 December 1960.  He served with the 1st Missile Battalion, 39th Artillery during his tour in Germany, and returned to the continental United States on 22 November 1962.  He then served at Fort Bliss, Texas until he was honorably released from active duty on 12 July 1963.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar, the Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar, and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.

4.  Although the applicant completed an overseas tour in Germany from 
29 November 1960 to 22 November 1962, there is no evidence in the applicant’s military records, and the applicant did not provide any evidence that shows that he was assigned in Berlin during his tour in Germany.  

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s DD Form 214 does not show that he was awarded the Good Conduct Medal or the National Defense Service Medal.  However, the applicant served 3 years of consecutive enlisted active duty service from 13 July 1960 to 12 July 1963, and there is no derogatory information in the applicant’s records which could be a disqualifying factor in awarding the Good Conduct Medal or the National Defense Service Medal for this period of service.

7.  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, and during the applicant’s active duty service.  It shows, in pertinent part, that service in Berlin, Germany from 14 August 1961 to 1 June 1963 was one of the qualifying areas and periods for award of the Armed Forces Expeditionary Medal.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  Army Regulation 600-8-22 also 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Armed Forces Expeditionary Medal. 

2.  Although the applicant served in Germany from 29 November 1960 to 
22 November 1962, there is no evidence in the applicant’s military records, and the applicant did not provide any evidence that shows that he was assigned in Berlin during his tour in Germany.  Absent such evidence, there is insufficient basis for awarding the Armed Forces Expeditionary Medal to the applicant in this case.

3.  The applicant served 3 years of continuous enlisted active duty service from 13 July 1960 to 12 July 1963, and there is no derogatory information in the available records which would preclude him from being awarded the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 13 July 1960 to 12 July 1963, and correction of his military records to show the award of the Good Conduct Medal.

4.  The applicant honorably served on active duty during a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show this award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 July 1963; therefore, the time for him to file a request for correction of any error or injustice expired on 11 July 1966.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LS  __  ___JR  __  __SF ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Good Conduct Medal for the period 13 July 1960 to 12 July 1963 while serving in the rank of specialist four; and

b.  awarding him the National Defense Service Medal.
 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the Armed Forces Expeditionary Medal to the applicant.  




_____ Linda Simmons_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012573
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107..0072.0000
2.
107.0056.0000
3.
107.0069.0000
4.
110.0400.0000
5.

6.