RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 19 July 2007
	DOCKET NUMBER:  AR20070002899 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Robert J. Osborn, II

Member

Mr. Michael J. Flynn

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) for the Berlin Crisis of 1961.  The applicant also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the weapons qualification badges that he earned.

2.  The applicant states, in effect, that he should have received the AFEM because when the Berlin crisis happened, his unit was put on alert and some Soldiers in that unit were extended.  He further states that his unit was stationed in Frankfurt, Germany, approximately 50 kilometers from the border, at the time. 

3.  The applicant provides a copy of his DD Form 214 and an Internet printout titled "Armed Forces Expeditionary Medal" in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 7 August 1962, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 15 February 2007.

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 28 August 1959.  Records further show that he completed basic combat training and advanced individual and was awarded military occupational specialty (MOS) 342.10 (General Crypto Equipment Repairer).  The applicant served in Germany from 16 October 1960 until 7 August 1962.

4.  On 18 October 1960, the applicant was assigned to the 630th Ordnance Company and on 26 May 1961, he was reassigned to the 32nd Signal Detachment.  

5.  The applicant was honorably released from active duty on 7 August 1962 at the expiration of his term of service.  He was transferred to the United States Army Reserve Control Group (Reinforcement) in the rank of specialist five/pay grade E-5.  On his release from active duty, he had 2 years, 11 months, and 10 days active Federal service with no lost time.  

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded the Good Conduct Medal.  This item does not show the applicant was awarded any weapons qualification badges.

7.  Section 10 (Remarks) of the applicant's DA Form 24 (Service Records) does not contain an entry showing that he voluntarily or was involuntarily extended beyond his discharge date under the provision of Public Law 87-117 for the Berlin Crisis.

8.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 shows, in effect, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksman Qualification Badge with Carbine Bar.

9  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.

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 600-8-2 provides policy and criteria concerning individual military decorations.  It states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1953, 
both dates inclusive; between 1 January 1961 and 24 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995, both dates inclusive; and between 11 September 2001 and to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the AFEM for his service in Germany during the Berlin crisis 

2.  Although the applicant served in Germany during the period in contention, there is no evidence in the applicant's service personnel records that shows he served as a bona fide member in a unit engaged in the Berlin operation or served in the area of operations for 30 days, or was engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days. 

3.  Evidence shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksman Qualification Badge with Carbine Bar, which are not shown on his DD Form 214. Therefore, the applicant is entitled to correction of his DD Form 214 to show these badges.  

4.  Evidence shows the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 August 1962; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 August 1965.  The applicant did not file within the 3-year statute of limitations. However, based on the evidence in this case, it would be in the interest of justice to excuse failure to timely file in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JTM__  _MJF_ _  _RJO    ____  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksman Qualification Badge with Carbine Bar, and 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 the Armed Forces Expeditionary Medal.




___John T. Meixell____
          CHAIRPERSON




INDEX

CASE ID
AR
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

ISSUES         1.

2.

3.

4.

5.

6.