RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070018842 


	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 and the National Defense Service Medal.  

2.  The applicant states that he was on active duty, assigned to a “Strike Unit” that provided ammunition support to the 82nd Airborne Division during both the Berlin and the Cuban crises.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 1 October 1963.

	b.  Naval Military Personnel Command, Washington, D.C., Statement of Service, dated 21 July 1986.

	c.  Army of the United States Honorable Discharge Certificate, dated 30 September 1967.  

	d.  U.S. Air Force Honorable Discharge Certificate, dated 12 July 1991.

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 records show he enlisted in the Regular Army for a period of 2 years on 2 October 1961.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 411.00 (Ammunition Storage).  He was subsequently assigned to the 661st Ordnance Company, 184th Ordnance Battalion, Fort Sill, Oklahoma.  
3.  The applicant's records further show that the highest rank he attained during his military service was specialist four (SP4)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group on 1 October 1963.

4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant’s DD Form 214, shows he was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle); and the Marksman Marksmanship Qualification Badge, with Carbine Bar.  Item 26 does not shows award of the Armed Forces Expeditionary Medal and the National Defense Service Medal.  

5.  Item 33 (Record of Assignments), of the applicant's DA Form 20 (Enlisted Qualification Record), and Item 24 (Foreign and/or Sea Service), of the applicant's DD Form 214, show no foreign service completed by the applicant.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  

7.  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.



8.  Army Regulation 600-8-22 (Military Awards) provides 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.  

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

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows his conduct and efficiency as excellent.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal; therefore, he is entitled to correction of his record to show this award.  

2.  The evidence of record confirms that the applicant served honorably during the period 2 October 1961 to 1 October 1963.  His conduct and efficiency ratings were rated excellent and the applicant's record is void of any derogatory information that would have disqualified him.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his record to show this award.

3.  With respect to award of the Armed Forces Expeditionary Medal, evidence of record shows that the applicant completed his entire military service at Fort Sill, Oklahoma.  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 or Cuban operations 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 upon which to base award of the Armed Forces Expeditionary Medal in this case.

4.  Nevertheless, the applicant and all others concerned should 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. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x____  __x___  __x__  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 October 1961 to 1 October 1963, and

	b.  adding the National Defense Service Medal and the Good Conduct Medal (1st Award) to the applicant's DD Form 214.





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 award of the Armed Forces Expeditionary Medal to the applicant and its addition to his DD Form 214.



							JS
      	______________________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018842



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508