IN THE CASE OF:	

		BOARD DATE:	  	  9 October 2008

		DOCKET NUMBER:  AR20080012975 


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 his DD Form 214 (Separation Document), Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) be corrected to show award of the National Defense Service Medal (NDSM) and Armed Forces Expeditionary Medal (AFEM) Berlin.

2.  The applicant states, in effect, that his separation document does not show the NDSM and AFEM he was authorized after he was separated as shown on the DD Form 1577 (Authorization for Issuance of Awards).

3.  The applicant provides a copy of his DD Form 214 and a DA Form 1577, dated 7 January 1977 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 record show he enlisted in the Regular Army and entered active duty on 26 June 1961.  He was trained in and awarded military occupational specialty (MOS) 723.10 (Communication Center Specialist), and specialist four (SP4) was the highest rank he attained while serving on active duty.  

3.  The applicant's Service Record (DA Form 24) shows, in Section 5 (Service Outside the Continental United States), that the applicant departed the United States on 19 May 1962 and arrived in Germany on 20 May 1962, for duty in France.  His Enlisted Qualification Record (DA Form 20) shows in item 
29 (Foreign Service) that he served in France and Germany from 19 May 1962 to 5 June 1964.

4.  Section 9 (Medals, Decorations, and Citations) of the DA Form 24 includes an entry which shows the applicant qualified “Sharpshooter” with the M14 Rifle.  The DA Form 24 also shows the applicant was assigned with the Headquarters and Headquarters Detachment, 106th Transportation Battalion during his foreign service.

5.  On 24 June 1964, the applicant was honorably released from active duty after completing 2 years, 11 months, and 29 days of active military service.  The DD Form 214, he was issued shows he completed 2 years and 28 days of overseas service in Germany.  Item 24c (Foreign and/or Sea Service) shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.

6.  The applicant’s Military Personnel Record Jacket (MPRJ) contains a
DA Form 1577, dated 7 January 1997, which shows the Army Reserve Personnel Center indicated the applicant was authorized award of the AGCM, the NDSM, the AFEM (Berlin), and the Sharpshooter Marksmanship Qualification Badge.

7.  During the processing of this case a staff member of the Board searched the internet to ascertain the history of the 106th Transportation Battalion.  The information that was obtained shows the 106th Transportation Battalion continued to heavily commit to support the Berlin troop build-up after 
14 July 1961.



8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-10 contains guidance on award of the NDSM.  It states, in pertinent part, that it is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

9.  Paragraph 2-12 of the awards regulation contains guidance on award of the AFEM.  It states, in pertinent part, that the AFEM may be authorized for United States Military Operations, United States Operations in direct support of the United Nations, and United States Operations of assistance for friendly foreign nations.  In order to qualify for the award, service members must be bona fide members 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 the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations.  The AFEM was authorized for members meeting the criteria for Berlin between 14 August 1961 and 1 June 1963.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the NDSM and was carefully considered and found to have merit.  The NDSM is authorized to any member who performed honorable active duty service between 1 January 1961 and 14 August 1974.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show this award.

2.  The applicant's contention that he is entitled to the AFEM was also carefully considered and found to have merit.  In accordance with regulation, in order to qualify for the AFEM for Berlin, there must be evidence the applicant was a bona fide member of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation was less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations.  Although the applicant's record gives no specific indication that he was a member of a unit that participated in or served in direct support of either of the Berlin operations, it does show that he was assigned to the 106th Transportation Battalion in France and/or Germany from 19 May 1962 to 5 June 1964, and the 106th Transportation Battalion had a history of being heavily committed to supporting the Berlin troop buildup during that timeframe.  Based on the unit’s history, during the time that the applicant was assigned to the unit, it would be appropriate to correct the applicant’s DD Form 214 to show entitlement to the AFEM.

3.  Based on the applicant’s qualification with the M14 Rifle it would also be appropriate to add the Sharpshooter Marksmanship Qualification Badge with M14 Rifle Bar to Item 26 of the applicant’s DD Form 214 at this time.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 26 of his DD Form 214 by adding the National Defense Service Medal, the Armed Forces Expeditionary Medal (Berlin), and the Sharpshooter Marksmanship Qualification Badge with M14 Rifle Bar; and by providing him a correction to his separation document that includes these awards.  



      _______ _   _X______   ___
               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)                                         AR20080012975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012975



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1