RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070003973 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Jeffrey Redmann

Chairperson

Mr. Dean Camarella

Member

Mr. Qawly Sabree

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 award of the Army Commendation Medal (ARCOM), Armed Forces Expeditionary Medal (AFEM), and the Expert Infantryman Badge (EIB).

2.  The applicant states that he parachuted into South Korea in March 1971 during Operation Freedom Vault, a combat zone and should receive the AFEM.  He also states he was fully qualified for the EIB; therefore, he should receive it.  He also states he was the youngest and lowest ranking noncommissioned officer (Sergeant/E5) in the United States Army history to be in charge of an Expert Infantryman Test and he should be awarded the ARCOM for this significant achievement.  He states he was not aware that a former Soldier could apply for medals.

3.  The applicant provides through his Congressman a self-authored letter requesting award of the ARCOM, AFEM, and the EIB.  He further provides the following enclosures with his application.  

	a.  Copies of the  Federal Register dated 5 April 2006 with the governing rules and regulations for military awards, specifically for the ARCOM, AFEM, and the EIB. 

	b.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 13 November 1972 which shows his last unit of assignment upon discharge as Company B, 504th Infantry Battalion, 82nd Airborne Division.  In addition, a second DD Form 214 dated 13 November 1978, which shows he was discharged from the Regular Army with an honorable discharge.  This DD Form 214 shows he completed 8 years, 7 months, and
5 days of active service.  It shows he served for 2 years, 8 months, and 29 days Foreign Service in Germany. 

	c.  An article titled "Alignment Despite Antagonism:  The U.S.-Korea-Japan Security Triangle,"  by Victor D. Chia published in 1999.  He specifically marked each reference to the operation titled "Operation Freedom Vault."

	d.  A newspaper article, untitled, published in Army Magazine in October 1971 which shows a picture of a member of the 82nd Airborne Division parachuting with the photo caption referring to Exercise Freedom Vault.  

	e.  A copy of his request to the National Personnel Records Center requesting copies of aircraft manifests for Company B, 2nd Infantry Battalion, 504th Infantry Regiment.
	f.  Letters of appreciation dated 10 April 1974 from a commandant, a regimental commander, and commissioned officers expressing gratitude to the applicant for his selfless devotion to duty while serving as an instructor for advance individual training (AIT) and in support of the brigade's Expert Infantryman’s training test. 

	g.  Copy of an Enlisted Evaluation Report (EER) dated 25 July 1974 which shows, in pertinent part, in Part II A (Rater) the brief description that the applicant was the assistant brigade training noncommissioned officer in charge (NCOIC) responsible for monitoring the Advanced Individual Training/On the Job Training programs and NCOIC of the brigade's Expert Infantryman's Test.  The applicant was a sergeant during this rating period.

	h.  Course completion certificate and diploma which show the applicant completed the Army Precommission Correspondence Course at Fort Benning on 8 April 1974.

	i.  Miscellaneous unofficial notes and informal communication from the 197th Infantry Brigade staff discussing personnel placement and internal duty assignments for enlisted members of the Brigade.  A copy of an internal reassignment order transferring the applicant from 3rd Infantry Battalion to Headquarters and Headquarters Company , 197th Infantry Brigade, effective 3 July 1974.

	j.  A copy of Special Orders Number 230, dated 18 August 1975, published by Headquarters, United States Army Europe and Seventh Army, awarding the applicant specialty pay for the period 1 September 1974 to
31 January 1975.

	k.  A Letter of Instruction (LOI), undated, which directs the 1st Infantry Battalion, 58th Infantry Regiment to provide six noncommissioned officers to conduct the EIB training and testing for the brigade. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of 
Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel records do not contain General Orders or other evidence that show he was awarded the ARCOM.  In the absence of evidence supporting his award of the ARCOM, the applicant has an administrative remedy available to obtain this award under the provisions of Section 1130, Title 10, United States Code.  On 1 March 2007, Human Resources Command-Alexandria informed the applicant's Congressman of the process and procedures regarding submission of a recommendation for award of the ARCOM under this provision of law.  As a result, award of the ARCOM requested by the applicant is not discussed further in these Proceedings.

3.  The applicant's records show he had several enlistment periods starting with his initial enlistment in the Florida Army National Guard Army (FLARNG) on 28 October 1969.  Records show that he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Infantryman Direct Fire Crewman).  He was released from the FLARNG and entered active duty on 2 September 1970 where he was awarded MOS 63F (Recovery Specialist) and 63B (Power Generator and Wheeled Vehicle Mechanic) during his 8-year enlistment period.  The highest rank he attained while serving on active duty was staff sergeant/pay grade E-6.

4.  Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons Awards or Authorized) of the applicant's DD Form 214 for the period ending 13 November 1972 does not show entries for the EIB or the AFEM.

5.  Item 9 (Award, Decoration & Campaigns) of the applicant's DA Form 2-1 does not show he was awarded the EIB or the AFEM. 

6.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered in Item 13 of the 
DD Form 214.

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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that combat and special skill badges are awarded to denote proficiency in performance of duties under hazardous conditions and circumstances of extraordinary hardship as well as special qualifications and successful completion of prescribed courses of training. Only those badges which are awarded in recognition of military activities are authorized for acceptance and permanent wear.  Permanent award of badges will be made through the publication of official orders, letters or memorandums by the commander authorized to make the award.

9.  Army Regulation 600-8-22 states, in pertinent part, paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or Special Forces specialty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should receive the EIB due to his proficiency in his MOS/Infantryman skills and the fact that he was an NCOIC for his infantry brigade responsible for the training and evaluation of Infantryman for the brigade EIB test.  The applicant provided extensive documentation to support his request 
for the EIB.   However, the critical document that would justify correcting his record to show award of the EIB was not included with his application nor did a search of his military personnel records reveal official permanent orders awarding the EIB as required by regulatory guidance; therefore, there is insufficient evidence to correct the record and award the applicant the EIB.   

2.  The applicant contends that he should be awarded the AFEM based on a parachute jump into South Korea in the Exercise Freedom Vault.  The applicant provided extensive information describing the operation; however, he did not produce significant evidence or official documentation to support his personal participation in the military exercise nor do his records show he was engaged in ground combat with armed opposition or participated in a designated operation per Army Regulation 600-8-22.  The criteria for award of the AFEM is explicit requiring the applicant 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 combat area of operations.  

3.  In order to justify correction of a military record the applicant must show, or it just otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JR____  __DC ___  __QS ___  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.



2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




____ Jeffrey Redmann________
          CHAIRPERSON


INDEX

CASE ID
AR20070003973
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.