IN THE CASE OF:
BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20080019958
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 award of the Armed Forces Expeditionary Medal (AFEM) for his service in Europe during the Berlin Crisis in 1961 to 1962.
2. The applicant states that he should be awarded the AFEM and that his military records should be corrected for his posterity.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 applicants 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 applicants 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 was inducted into the Army of the United States on 3 May 1960. After completing initial entry training, he was reassigned to Fort Lewis, WA in September 1960 and assigned to Battery B, 2nd Howitzer Battalion, 18th Artillery. This unit departed for a tour in Germany on
10 October 1961. He returned to the continental United States on or about
4 May 1962. He was honorably released from active duty on 5 May 1962 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 that he was issued at the time of his release from active duty only shows that he was awarded the Army Good Conduct Medal.
3. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AFEM is awarded 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. It is authorized for Berlin for the period 14 August 1961 through 1 June 1963.
4. 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. While the applicant served in Germany during a qualifying period of service for award of the AFEM, there is no evidence in the applicant's military records,
and the applicant failed to provide any evidence which shows that he was a bona fide member of a unit engaged in the Berlin operation, that he served in the area of operations for 30 days, or that he engaged in direct support of this operation for 30 consecutive or 60 nonconsecutive days which involved him entering the Berlin area of operations. In view of the foregoing, there is insufficient basis upon which to award 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 during his military service. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20080019958
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