IN THE CASE OF:	  

		BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090007886 


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 records to show award of the Armed Forces Expeditionary Medal.

2.  The applicant states he served in the U.S. Army from February 1961 to February 1964 as a military policeman, he was stationed in the Panama Canal Zone with the 534th Military Police Company during the time of the Cuban Missile Crisis, and his unit was alerted for possible deployment if war broke out.  He adds that he served in Vietnam as a member of the U.S. Air Force and is 100-percent disabled due to military combat duty.  The applicant believes he deserves to be awarded the Armed Forces Expeditionary Medal for his service during the Cuban Missile Crisis.

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 enlisted in the Regular Army for a period of 3 years on 8 February 1961.  Upon completion of training, he was awarded military occupational specialty 951.10 (Military Policeman).

3.  The applicant's DA Form 24 (Service Record) shows in section 4 (Chronological Record of Military Service) he was assigned to the 534th Military Police Company (Service), Fort Clayton, Canal Zone, from 9 July 1961 through 22 February 1963.  However, section 9 (Medals, Decorations, and Citations) does not show award of the Armed Forces Expeditionary Medal.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 February 1964 based on the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  At the time he had completed 3 years of net active service.

   a.  Item 24 (Statement of Service), block c (Foreign and/or Sea Service) shows he completed 1 year, 5 months, and 22 days of overseas service in Panama.

   b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Marksman Marksmanship Qualification Badge with Pistol and Carbine Bars.

5.  The applicant's military personnel records do not show any evidence that he was awarded the Armed Forces Expeditionary Medal for service in support of the Cuban Missile Crisis.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal 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.  Qualifying service for this award includes service in support of U.S. military operations in Cuba from 24 October 1962 to 1 June 1963.

7.  Section II (Terms) of the glossary in Army Regulation 600-8-22 defines the following terms:

	a.  "Area of operation" is the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.

	b.  "Direct support" is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.

	c.  "Area of eligibility" is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Armed Forces Expeditionary Medal for his service while assigned to the 534th Military Police Company (Service) during the time of the Cuban Missile Crisis because his unit was alerted for possible deployment if war broke out.

2.  The applicant served on active duty in the Regular Army from 8 February 1961 to 7 February 1964 and he was assigned to the 534th Military Police Company (Service), Fort Clayton, Canal Zone, from 9 July 1961 through 22 February 1963.

3.  The evidence of record shows that the Armed Forces Expeditionary Medal is authorized for members of the Armed Forces of the United States participating in direct support of U.S. military operations in Cuba for a period of 30 consecutive or 60 nonconsecutive days from 24 October 1962 to 1 June 1963.

4.  The applicant's claim that his unit in the Canal Zone was on alert during the Cuban Missile Crisis is not disputed.  However, there is no evidence of record and the applicant provides insufficient evidence to show he was assigned or attached to a unit, or an element of a unit, in the area of operations in direct support of military operations in Cuba during the period of his service in the Canal Zone from 24 October 1962 to 22 February 1963 or at any time thereafter through 1 June 1963.  Therefore, there is insufficient evidence to support award of the Armed Forces Expeditionary Medal.
5.  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:

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 our Nation.  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)                                         AR20090007886



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ABCMR Record of Proceedings (cont)                                         AR20090007886



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