IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090004554 


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, award of the Armed Forces Expeditionary Medal, the Cold War Victory Medal, and the Air Assault Ribbon, and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests correction to his DD Form 214 to show he completed the Long Range Reconnaissance Patrol (LRRP) training.

2.  The applicant states, in effect, that he believes these awards should be added to his DD Form 214.  He found out about President John F. Kennedy's decision to award Soldiers, overseas, in imminent danger, the Armed Forces Expeditionary Medal.  He also states that he is asking the Board to determine if he deserved these ribbons from his service records with the 48th Infantry and 8th Infantry Division.  The 8th Infantry Division was in hostile danger and also was attacked by neo-Nazi terrorists in Worms, Germany.  He also trained as a LRRP in 1963.  He is asking the Board to review the records of the 1st Armored Rifle Battalion (ARB), 48th Infantry, 7th Army, US Army Europe, and the training records of the 1st Battalion, 39th Infantry, 8th Infantry Division.  He served with both units from 31 December 1961 to 1 July 1964.  He then served 3 years in the Reserve until 1967.

3.  The applicant provides no additional documentary evidence 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 military record shows he enlisted in the Regular Army, in pay grade E-1, on 21 July 1961, for 3 years.  He completed basic and advanced training in military occupational specialty 111, light weapons infantryman.  He served in Bremerhaven and Frankfurt, Germany, from 15 December 1961 to 30 June 1964 with Companies A and B, 1st ARB, 48th Infantry, and Company A, 1st Battalion, 39th Infantry.

3.  The applicant's records do not show he completed LRRP training or any Ranger or air assault training.

4.  The applicant was released from active duty, in pay grade E-4 (temporary), on 1 July 1964, as an early release of an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement).

5.  The applicant’s DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), lists the following awards:  the Marksman Marksmanship Qualification Badge with Machinegun Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  No other awards are listed.

6.  Item 28 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed) of the applicant's DD Form 214 contains the entries "None" and "N/A."  Item 29 (Other Service Training Courses Successfully Completed) shows he completed the ATP 21-114 [basic combat training] and the non-judicial punishment [military justice] course.

7.  Army Regulation 600-8-22 (Military Awards), in effect at the time, provided in pertinent part, that the Armed Forces Expeditionary Medal was 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Paragraph 2-12c(4) specifically provided that individuals qualified for the Armed Forces Expeditionary Medal for service in Berlin from 14 August 1961 to 1 June 1963, Cuba from 24 October 1962 to 1 June 1963, and Vietnam from 1 July 1958 and 3 July 1965.  

8.  The applicant requested award of the Cold War Victory Medal and the Air Assault Ribbon.  These are commemorative medals and are not governed by Army Regulation 600-8-22.  Since these commemorative medals are not governed by the applicable regulation, they are not to be shown on discharge or separation documents. These commemorative medals are made available to individuals who are serving or who have served in the Armed Forces of the United States, and to the general public, by commercial vendors/resources.  

9.  It is also noted that the Cold War Recognition Certificate is also not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge or separation document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to the Commander, Army Human Resources Command (AHRC), Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, Virginia  22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in these Proceedings.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated, in pertinent part, that service school courses, college training courses, and other service training successfully completed during the period covered by the DD Form 214 being prepared would be entered in Items 28 and 29.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show the applicant met the criteria for award of the Armed Forces Expeditionary Medal during the period of his active duty service.  Therefore, there is insufficient evidence on which to base an award of the Armed Forces Expeditionary Medal in this case and its addition to his DD Form 214.  
2.  There is also no evidence of record and the applicant has provided none to show that he attended and successfully completed air assault training and LRRP training while on active duty.  In the absence of information to the contrary, it is concluded that the applicant’s DD Form 214 is correct.  Therefore, he is not entitled to correction to his DD Form 214, Item 28, to show he completed LRRP or air assault training.

3.  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.

4.  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.




      _______ _   _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)                                         AR20090004554





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ABCMR Record of Proceedings (cont)                                         AR20090004554



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