IN THE CASE OF:	  

		BOARD DATE:	        24 FEBRUARY 2009

		DOCKET NUMBER:  AR20080010705 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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). 

2.  The applicant essentially states that he was serving in the Regular Army during the Cuban Missile Crisis, but that item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) only shows that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant provides his DD Form 214, information on the AFEM from an unofficial website, and a copy of his Illinois driver's license in support of this 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 after initially enlisting in the Oklahoma Army National Guard on 19 September 1959, he enlisted in the Regular Army on 26 May 1960.  He completed basic and advanced individual training and was awarded military occupational specialty 931 (Medical Laboratory Specialist).  He was then reassigned to Fitzsimmons General Hospital in Denver, Colorado in December 1960, and he remained at this duty station until he was honorably released from active duty on 24 May 1963.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  

3.  The applicant requested that he be awarded the AFEM, but item 24c (Foreign and/or Sea Service) of his DD Form 214 does not show that he served overseas at any time during his active duty service.  There is also no evidence that he served in the designated area of operations or engaged in direct support of the Cuban Missile Crisis.

4.  The AFEM is a military award of the United States military which was first created in 1961 by Executive Order of President John Kennedy.  This decoration is awarded for participation in any military campaign of the United States for which no other service medal is authorized.  The first campaign of the AFEM was the Cuban Missile Crisis and the award was issued to those who served in the designated area of operation during the period of 24 October 1962 to 1 June 1963.  The designated area of operation was deemed to be the island/country of Cuba and in the water area from 12 degrees to 28 degrees North Latitude and from 66 degrees to 84 degrees West Longitude.  Information obtained from the Awards Branch of the Human Resources Command – Alexandria, Virginia indicates that a subsequent message/directive was dispatched to the field from the Secretary of the Army which clarified that Florida (units/individuals present in Florida) was not encompassed by the designated area of operations and thus did not qualify for award of the AFEM.  

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM 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 of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations or for 60 nonconsecutive days provided this support involved entering the area of operations (emphasis added).  This regulation also provides that the AFEM 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 or if the individual participates as a member of an aircraft flying in support of the operation.  

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the AFEM.

2.  The fact that the applicant served on active duty during the Cuban Missile Crisis is not questioned.  However, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence that he ever served in the designated area of operations of the Cuban Missile Crisis.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for awarding the AFEM to the applicant in this case.

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.
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 the United States.  The applicant and all Americans should be proud of his service in arms.




      _______ _ XXX  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080010705



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ABCMR Record of Proceedings (cont)                                         AR20080010705



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