IN THE CASE OF:	  

		BOARD DATE:	        30 APRIL 2009

		DOCKET NUMBER:  AR20090000377 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include medals for his overseas assignment in Germany from 8 May 1969 to 10 July 1969, which includes the Armed Forces Expeditionary Medal, the American Campaign Medal and an "Injury Medal."

2.  The applicant states that the criteria for award of these medals is participation in military operations not covered by specific war medals between 1958 and the present; and for service outside the United States in the American Theater for 30 days.  He states that he was also injured while he was in Germany for which he currently has a 50 percent disability.

3.  The applicant provides in support of his application, 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 requested, in effect, award of an Overseas Service Bar.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that the Overseas Service Bar is an item of uniform wear.  There is no requirement to list it on the DD Form 214.  Therefore, the issue of the Overseas Service Bar will not be discussed further in the Record of Proceedings.

3.  On 4 November 1968, the applicant enlisted in the Regular Army in Lowell, Massachusetts, for 2 years, in the pay grade of E-1.  He successfully completed his training as an administrative specialist.

4.  He was promoted to the pay grade of E-2 on 15 February 1969; and he was promoted to the pay grade of E-3 on 5 April 1969.

5.  The applicant was transferred to Germany on 8 May 1969 and he was assigned to the 84th Engineer Company, United States Army Europe.  

6.  A review of the applicant's records does not show that he sustained an injury to himself while he was in Germany.

7.  The applicant returned to the Continental United States on 10 July 1969 and he was assigned to the Headquarters and Headquarters Company, 18th Engineer Battalion, Fort Devens, Massachusetts.  He was subsequently promoted to the pay grade of E-4 on 19 August 1969.

8.  On 20 February 1970, the applicant submitted a request for early release from the Army for a teaching position.  His request was approved on 5 March 1970; however, the approval authority directed that he not be separated no earlier than 21 August 1970. 

9.  Accordingly, on 21 August 1970, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 5, for the Convenience of the Government and he was transferred to the United States Army Reserve Control Group (Annual Training).  He had completed 1 year, 9 months and 17 days of total active service.  He had also completed 2 months of foreign service in Germany.

10.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Army Commendation Medal, the Expert Marksmanship Qualification Badge (Rifle M-16), the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Sharpshooter Marksmanship Qualification Badge (Pistol 45).

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 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.  The regulation also provides that the Armed Forces Expeditionary Medal 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, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the Continental United States as a passenger or in a temporary duty status for 30 consecutive or 




60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to an "Injury Medal", the Armed Forces Expeditionary Medal and the American Campaign Medal.

2.  His contentions have been noted.  However, his records do not show that he is entitled to either the Armed Forces Expeditionary Medal or the American Campaign Medal.  His records do not show that he met the criteria contained in Army Regulation 600-8-22 to be entitled to either of these awards.  Therefore, they cannot be included on his DD Form 214.

3.  In regard to the applicant's request for an "Injury Medal," there is no evidence in the available records that shows that he injured himself while he was in the Army that would have qualified him for an award based on injuries incurred in the line of duty or as a result of hostile action by enemy forces.  Therefore, there is no basis for amending his DD Form 214.

4.  In order to justify correction of a military record the applicant must show, 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.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _   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)                                         AR20090000377



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ABCMR Record of Proceedings (cont)                                         AR20090000377



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