RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070018629 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 Armed Forces Expeditionary Medal.  

2.  The applicant states, in effect, that he served in a unit in Germany that was put on alert and sent to the Czechoslovakian border. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 January 1963, in support of his application.

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 records show that he enlisted in the Regular Army for a period of 3 years on 20 January 1960.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 723.10 (Communications Specialist/Teletypewriter Operator).  The highest rank/grade the applicant attained during his military service was specialist four (SP4)/E-4. 

3.  On 28 January 1963, the applicant was honorably released from active duty and was transferred to the United States Army Reserve Control Group (Reinforcement).  On his release from active duty, he had 2 years, 11 months, and 26 days of creditable active military service, and 14 days of lost time. 

4.  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 Marksman Marksmanship Qualification Badge, with Rifle Bar (M-1); and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14).  Item 26 does not show award of the Armed Forces Expeditionary Medal.

5.  The applicant's records further show that he served in Germany from 23 June 1961 to 28 January 1963.  He was assigned to Headquarters and Headquarters Company, 1st Battle Group, 34th Infantry. 

6.  At the time of the applicant’s military service in Germany, members of the Armed Forces of the United States participated in military operations throughout Europe, Asia, and South America.  In Germany, the city of Berlin was designated as a military operation from 14 August 1961 through 1 June 1963.  However, there is no indication in the applicant's records that he served in Berlin.  

7.  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.  

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

9.  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.  Although the applicant served in Germany during the period in contention, his service with a unit that was put on alert and sent to the Germany-Czechoslovakia border does not meet the criteria for award of the Armed Forces Expeditionary Medal.  There is no evidence in the applicant's records that shows he served as a bona fide member in a unit engaged in a military 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.  Therefore, there is insufficient evidence to support award of the Armed Forces Expeditionary Medal in this case. 

2.  The evidence of record 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.

3.  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

__x___  __x_  __x___  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 to award the applicant 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.




							JS
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018629



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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