IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100007051 


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, correction of his record to show he was authorized the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states that the deployment of the 84th Engineer Battalion to Europe and the unit's participation in Operation Roundout, the code name for military operations related to the Berlin Crisis build up, meets the established criteria for award of the AFEM to Soldiers assigned to the unit at the time.  He takes issue with the fact that the U.S. Army Human Resources Command Military Awards Branch (MAB) informed him the award of the AFEM for Berlin is limited to individuals who served in Berlin and the MAB's assertion that those individuals were the only ones subject to the potential threat of hostile action.

3.  The applicant provides:

* a detailed self-authored statement
* a letter from the MAB, dated 8 October 2009
* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a DD Form 215 (Correction to DD Form 214)
* a memorandum assigning him to the 84th Engineer Battalion
* a copy of a website discussion board posting regarding an Army Board for Correction of Military Records (ABCMR) decision on award of the AFEM for Berlin
* a brief history of the USS Camp DE-251
* a newspaper article, dated 2 January 1992, regarding the public release of classified documents pertaining to plans to defend West Berlin

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 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 was appointed as a Reserve commissioned officer of the Army on 5 June 1961.  He served in military occupational specialties 1331 (Combat Engineer Unit Commander) and 1328 (Engineer Construction Unit Commander) until his honorable discharge from the U.S. Army Reserve on 15 May 1969.

3.  His DA Form 66 (Officer Qualification Record) shows in item 18 (Record of Assignments) that the applicant was assigned to Company B, 84th Engineer Battalion, U.S. Army Europe from on or about 10 October 1961 to on or about 17 September 1962 when the unit returned to Fort Ord, CA.  The form further shows the unit was in the Army Post Office (APO) 256 and APO 163 geographic areas.

4.  Historical APO records show APO 256 was located in Chinon, France, and APO 163 was located in Paris, France.

5.  The record is void of documentation showing either the applicant or his unit was in Berlin, Germany.

6.  The letter from the MAB provided by the applicant shows it denied his request for award of the AFEM.  The MAB stated:

The 84th Engineer Battalion, though deployed to support efforts against potential hostile action coming from Berlin, did not serve in the geographical area of Berlin; therefore, service members assigned to that unit are not eligible to receive award of the AFEM.  Though no documentation has been located in the files available to this office detailing their deliberations, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was not imminent in the areas surrounding Berlin.

Upon a thorough review of [the applicant's] official military personnel file, we could find no evidence that [the applicant] or his unit entered the designated area of operations for the Berlin Armed Forces Expeditionary Medal.  Unfortunately, we cannot approve this award.

7.  The MAB enclosed several documents with its letter.  Most of the documents pertain to award of the AFEM for service in Korea.  One document is a 1968 amendment to the Department of Defense instruction providing criteria for the AFEM.  This document lists U.S. military operations eligible for award of the AFEM, including Berlin.  It does not further define the designated area of operations for Berlin.  The document also provides broad latitude to make exceptions to the criteria for the AFEM.

8.  The website discussion board posting regarding an ABCMR decision on award of the AFEM for Berlin shows an applicant who served under circumstances similar to those of the current applicant was granted relief in his request for award of the AFEM.  In his posting, the previous applicant stated he was stationed in France from May 1962 to November 1963 and admitted he "was nowhere near Berlin," though one of the units he was assigned to was responsible for transporting supplies to the Berlin Brigade.  A review of ABCMR records confirms this individual was granted relief in his request for award of the AFEM for Berlin.

9.  The history of the USS Camp DE-251 provided by the applicant is a brief statement by a former crewmember.  The former crewmember states he served aboard this vessel during the Berlin Crisis and that the crew received the AFEM for that service.

10.  The newspaper article provided by the applicant reports on the release of previously-classified documents confirming the commitment of the United States, Britain, and France to maintain "the freedom and viability of [Berlin] and physical access to it" at the time of the construction of the Berlin Wall in 1961.

11.  Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 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 Berlin during the period 14 August 1961 to 1 June 1963.

12.  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.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show he was authorized the AFEM is not supported by the evidence.

2.  Since its creation, the AFEM has been authorized for expeditionary service in specific geographic areas.  Most often, designated geographic areas have been countries, such as Lebanon, Congo, or Vietnam.  Although it is a city, designating Berlin as an area of eligibility for the award is in line with the convention of naming an area with clearly-defined boundaries.

3.  In 2008, the ABCMR granted relief in the case of an individual who served under circumstances similar to those of the applicant.  Regardless, a previous ABCMR decision alone is an insufficient basis for granting or denying relief.  A determination or recommendation is made on each case based on a preponderance of the evidence.



4.  The fact that crewmembers of a U.S. Navy vessel may have received award of the AFEM for their support of operations in Berlin is not directly relevant to the applicant's eligibility for the award.  Had he been aboard that Navy vessel, he may also have received the AFEM.  The relevant facts in this case are that the applicant was assigned to an Army engineer battalion stationed in France.

5.  The evidence of record does not show and the applicant has not provided evidence showing he served in Berlin during the period of eligibility for the AFEM.  Accordingly, he is not entitled to correction of his record to show he received this award.

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)                                         AR20100007051



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ABCMR Record of Proceedings (cont)                                         AR20100007051



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