IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080016579 


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 that his records be corrected to show his award of the Armed Forces Expeditionary Medal (AFEM), Army Service Ribbon, and his small arms expert badge.

2.  The applicant states that his medals and ribbons were left off of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

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 enlisted on 13 October 1958 for a period of 3 years and training as an aircraft mechanic.  He completed his basic training at Fort Ord, California, and was awarded the Sharpshooter Marksmanship Qualification Badge with rifle bar.  He completed his advanced individual training at Fort Rucker, Alabama, and was transferred to Darmstadt, West Germany, for assignment to the 32d Signal Battalion on 13 February 1960.

3.  On 15 November 1960, orders were published by Headquarters, 32d Signal Battalion, awarding him the Expert Marksmanship Qualification Badge with carbine bar.  However, on 8 November 1961, orders were again published by the same headquarters awarding him the Sharpshooter Marksmanship Qualification Badge with carbine bar.

4.  The applicant's term of service was involuntarily extended to May 1962 in accordance with a Department of the Army message dated 584040 December 1961.

5.  The applicant remained assigned to the 32d Signal Battalion until he was transferred to Fort Hamilton, New York, and was honorably released from active duty (REFRAD) on 24 April 1962 as an overseas returnee.  He had served 3 years, 6 months, and 11 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he had no decorations, medals, badges, commendations, citations, and/or campaign ribbons.

6.  The Berlin Crisis of 1961 (4 June 1961 – 9 November 1961) was the last major incident in the Cold War regarding the status of Berlin and post-World War II Germany.  It was provoked by an ultimatum issued by the Soviet Union demanding the withdrawal of western forces from West Berlin.  It culminated in the erection of the Berlin Wall and the de facto partition of Berlin.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, inclusive.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AFEM 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.  The AFEM was authorized specifically for service in Berlin during the period of 14 August 1961 to 1 June 1963.
9.  Army Regulation 600-8-22 also provides, in pertinent part, that a basic marksmanship qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course.  Individuals are only authorized to wear the badge with appropriate bars to denote the last qualification attained with a respective weapon.

10.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to reflect the award of the AFEM has been noted and found to lack merit.  The applicant's official records fail to show that he served in areas designated to qualify for award of the AFEM.  Although the applicant was serving in Germany during the Berlin Crisis, the AFEM was awarded only to those serving in Berlin and there is no evidence to show that the applicant ever served in Berlin.  Therefore, lacking such evidence, there appears to be no basis to award him the AFEM at this time.

2.  The applicant was initially awarded the Sharpshooter Marksmanship Qualification Badge with rifle bar and he subsequently qualified as an expert with the carbine.  However, in a subsequent qualification he qualified as a sharpshooter with the carbine.  Accordingly, he is not entitled to award of the expert qualification because he subsequently qualified as a sharpshooter and therefore his award of the Sharpshooter Marksmanship Qualification Badge with rifle and carbine bars should be added to his records.

3.  The applicant's contention that he should be awarded the Army Service Ribbon (ASR) has been noted and found to lack merit.  The ASR was not established until 1981 and the applicant did not serve on active duty during the period necessary to qualify for that award.

4.  Additionally, the applicant served during a period in which he was qualified to be awarded the NDSM.  Accordingly, he should be awarded the NDSM at this time and that award should added to his records as well.


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 awarding him the NDSM and adding the Sharpshooter Marksmanship Qualification Badge with rifle and carbine bars to his 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 AFEM, the ASR, and an expert marksmanship qualification badge.



      _________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)                                         AR20080016579



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ABCMR Record of Proceedings (cont)                                         AR20080016579



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