RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070010608 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Marla J. Troup

Member

Mr. Thomas M. Ray

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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Armed Forces Expeditionary Medal (AFEM), the Cold War Victory Commemorative Certificate (correctly known as the Cold War Recognition Certificate), the Noncommissioned Officer Professional Development Ribbon (NPDR), and the Army Reserve Components Achievement Medal (ARCAM).

2.  The applicant states that while he was stationed at Fort Benning, GA he participated in the Cuban Missile Crisis.  Elements of the Third Army were ordered to Florida for staging onto troop carriers or amphibious ships.  Combat-ready troops remaining at Fort Benning over this 14-day initial crisis period stood by at the highest state of readiness.  Serving as cadre in the U. S. Army Infantry School, he was a bona fide member of the Fort Benning direct support group readying further Army assault forces for possible invasion of Cuba and also preparing personally for potentially accompanying that same attack group.  He was also at Fort Benning throughout the entire follow-up crisis – the removal of Soviet bombers from Cuba and the dismantling of missile installations – which ran through June 1963.

3.  The applicant states that the Cold War Recognition Certificate was established in 1991 and was not in existence at the time he separated.

4.  The applicant states that he should not be denied the NPDR and the ARCAM (which was done administratively) merely because these awards were established after he separated.  The Army Precommission Course was considered the “academic credit equivalent” to Officer Candidate School, and he did subsequently receive a direct commission.  He spent much of his off-duty evenings successfully completing three other military correspondence extension courses.  

5.  The applicant provides orders, dated 6 March 1962, assigning him to  Fort Benning, GA; his DD Form 214; a DD Form 215 (Correction to DD Form 214), dated 8 April 1965; his Honorable Discharge Certificate; a letter, dated 5 July 2001, from the Review Boards Agency Support Division; two DD Forms          149 (Application for Correction of Military Record under the Provisions of Title 10, U. S. Code, Section 1552), both dated 5 April 2001; an Army Precommission Extension Course diploma; three subcourse completion certificates; a statement of understanding (in regard to his appointment as a Reserve officer); appointment orders, dated 5 December 1963; active duty for training orders, dated 16 June 1966; and a Reserve Component Psychological Operations Course class photograph.
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 has requested the Cold War Recognition Certificate.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as    2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to the Commander, U.S. Army Human Resources Command, Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army on 11 December 1961.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 711.10 (Clerk Typist).  He was assigned to Company B, Infantry School Battalion, The Student Brigade, Fort Benning, GA on or about 9 March 1962.  He performed duties as a clerk typist and chief administrative clerk.

4.  The applicant completed the Army Precommission Extension Course on        1 May 1963.  He completed the NCO Leadership Career Development Course (20 credit hours) extension subcourse on 13 April 1963.  He completed the Commander’s Basic Function in Quartermaster Companies extension subcourse (9 credit hours) on 17 June 1963.  He completed the Unit and Organization Supply extension subcourse (16 credit hours) on 10 July 1963.

5.  The applicant applied for appointment as a second lieutenant in the U. S. Army Reserve.  On 10 December 1963, he was honorably released from active duty upon the completion of his required service and appointed as a U. S. Army Reserve second lieutenant the following day.  His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge (Rifle) and the Expert Marksmanship Qualification Badge (BAR).  His DD Form 214 was later amended to add the Army Good Conduct Medal, the National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Carbine Bar.

6.  The applicant was honorably discharged from the Army on 14 April 1969.

7.  Army Regulation 600-8-22 provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  

8.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.  

9.  Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Graduates of NCO Academy courses conducted prior to 1976 for the Active Army and 1980 for the Reserve Components will be given credit for the Primary Level only.  Effective 1 August 1981, all Active Army, Army National Guard, and Army Reserve Soldiers in an active status are eligible for this award for satisfactory completion of the respective NCO Educational System (NCOES) or Reserve Components NCOES course as specifically listed in this regulation.  Correspondence subcourses are not among the listed courses.

10.  Army Regulation 600-8-22 provides that the Army Reserve Components Achievement Medal is authorized for award to Army personnel including Active Guard Reserve officers in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Since 3 March 1972, the medal has been authorized on completion of 4 years service with a Reserve Component unit.  The ARCAM was established on           3 March 1971.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning 28 March 1995,  the period of qualifying service for award of the ARCAM was reduced from 4 to    3 years.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not meet the eligibility criteria for award of the AFEM for the Cuban Missile Crisis.  As he acknowledged, he never left Fort Benning, GA and never entered the area of operations.

2.  The applicant did not meet the eligibility criteria for award of the NPDR for two reasons.  First, the date of eligibility began on 1 August 1981.  The applicant was released from active duty on 10 December 1963 and was honorably discharged on 14 April 1969.  This fact places the applicant in the same situation as all other Soldiers who were not on active duty or were not otherwise in an active status on 1 August 1981, and therefore he is not unduly harmed by his not being awarded the NPDR.  Second, only the successful completion of specifically listed NCO professional development courses meet the criteria for award of the NPDR.  Correspondence subcourses are not among the listed courses, and the Army Precommission Extension Course was not an NCO professional development course.

3.  The applicant did not meet the eligibility criteria for award of the ARCAM.   The date of eligibility began on 3 March 1971.  The applicant was honorably discharged on 14 April 1969.  This fact places the applicant in the same situation as all otherwise-eligible Reserve Component Soldiers who were not members of a Reserve Component on 3 March 1971, and therefore he is not unduly harmed by his not being awarded the ARCAM.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jns___  __mjt___  __tmr___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




__John N. Slone_______
          CHAIRPERSON




INDEX

CASE ID
AR20070010608
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0072
2.
107.0058
3.
107.0077
4.

5.

6.