IN THE CASE OF:
BOARD DATE: 1 JULY 2010
DOCKET NUMBER: AR20100000809
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 that he be awarded an Armed Forces Expeditionary Medal (AFEM).
2. The applicant states that he believes he should have received an AFEM because he served in Puerto Rico and Cuba. He goes on to state that he was en route from Puerto Rico to Cuba for the invasion but they were called off before invading. Accordingly, his involvement should justify an award of the AFEM.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 14 September 1959 for a period of 3 years. He completed his basic and advanced individual training at Fort Ord, California and was transferred to Fort Campbell, Kentucky to undergo airborne training.
3. He completed his airborne training and remained assigned to the 101st Airborne Division band as a musician for his entire enlistment. He was advanced to the pay grade of E-4 on 29 June 1962.
4. On 29 August 1962, he was honorably released from active duty (REFRAD) for the purpose of entering or returning to school. He had served 2 years, 11 months, and 16 days of total active service and his DD Form 214 shows that he was awarded the Parachutist Badge and the Sharpshooter Marksmanship Qualification Badge with carbine bar.
5. In July 1986, the applicant applied to the United States Army Reserve Personnel Center (ARPERCEN) in St. Louis, Missouri requesting that he be awarded the AFEM. In November 1986, the ARPERCEN responded to his request to the effect that there was no evidence in his official records to show his entitlement to award of the AFEM or any other campaign medals.
6. 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 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. The AFEM was awarded for service in Cuba from 24 October 1962 to 1 June 1963.
7. Army Regulation 600-8-22 defines area of operation as 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. 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. 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 applicants contention that he should be awarded the AFEM for his involvement in the Cuban Missile Crisis has been noted and appears to lack merit. While an AFEM was awarded for service in Cuba from 24 October 1962 to 1 June 1963, the applicant had already been REFRAD in August 1962 and thus could not qualify for that award.
2. Therefore, in the absence of evidence to the contrary, there appears to be no basis to award him the AFEM.
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.
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) AR20100000809
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000809
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