IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090006349
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 he be awarded the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he was on active duty during the Cuban Missile Crisis, so he should have been awarded the AFEM.
3. The applicant provides a copy of an internet page dealing with the AFEM.
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 served in the Regular Army from 1 August 1961 through 18 July 1964, having enlisted for 3 years.
3. The applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). On 26 January 2009, he was issued a DD Form 215 (Correction to the DD Form 214) adding the National Defense Service Medal and a Letter of Appreciation to Item 26 of his DD Form 214.
4. The applicants active service was spent at Fort Leonard Wood, MO for training and Germany for duty. While in Germany, he served with Company A, 308th Quartermaster Battalion from 18 January 1962 to 2 July 1963. From 3 July 1963 to 7 July 1964, he was assigned to Headquarters and Headquarters Company, 10th Special Forces Group (Airborne) in Germany. He returned to the United States by ship between 8 July and 17 July 1964. He was separated at Fort Hamilton, NY.
5. 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. Table 2-2 shows the authorized dates for award of the AFEM for Cuba are 24 October 1962 to 1 June 1963.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the AFEM for Cuba.
2. While the applicant asserts he is entitled to award of the AFEM for Cuba, the applicants record shows he served in Germany from 18 January 1962 to
20 November 1963 which would have been the period for authorization for award of the AFEM. There is no evidence, nor has he provided any evidence that shows he served in Cuba or in direct support of any operation related to Cuba. As such, he is not entitled to award of this medal.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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.
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.
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