IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100011249
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, reconsideration of his previous application for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Armed Forces Expeditionary Medal (AFEM), American Campaign Medal, and "Army Injury Medal."
2. The applicant states his duty at the time he qualified for these medals was classified and that the work he was performing in Germany potentially involved direct conflict with a hostile force. Because the mission was classified, he is unable to explain what happened, but the Army can access his records.
3. The applicant provides no documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090000377 on 30 April 2009.
2. The applicant submitted a new argument which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant enlisted in the Regular Army on 4 November 1968 and served in Germany from 8 May 1969 to 10 July 1969. During his service in Germany he was assigned for duty in military occupational specialty 12E (Atomic Demolition Munitions Specialist) with the 84th Engineer Company.
4. The record is void of documentation showing he was injured during his service in Germany.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.
a. The regulation provides criteria for all authorized awards. The "Army Injury Medal" is not an authorized award.
b. The regulation states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
c. Paragraph 2-12 provides criteria for award of the AFEM and states the Joint Chiefs of Staff will designate operations that are eligible for this award. Tables 2-2 through 2-4 list the operations designated for award of the AFEM. These tables show the AFEM was authorized for one operation in Berlin, Germany, during the period 14 August 1961 to 1 June 1963.
d. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show award of the AFEM, American Campaign Medal, and "Army Injury Medal."
2. The fact that an operation was classified does not preclude the designation of the operation for various awards, nor does it preclude including such an operation in the Army's unclassified regulation governing military awards. Had the applicant participated in an operation designated for award of the AFEM, that designation would be reflected in Army Regulation 600-8-22. The evidence of record does not show the applicant served in an operation in Germany designated by the Joint Chiefs of Staff for award of the AFEM. Therefore, he is not entitled to correction of his record to show the AFEM.
3. The "Army Injury Medal" does not exist in the Army's inventory of awards and decorations, and the evidence of record does not show he required medical treatment for wounds received as a result of hostile action. Therefore, the applicant is not entitled to correction of his record to show the "Army Injury Medal" or the Purple Heart.
4. The American Campaign Medal is unique to the World War II era and the period of eligibility for this award ended in 1946. The applicant entered military service in 1968. Therefore, he is not entitled to correction of his record to show the American Campaign Medal.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090000377, dated 30 April 2009.
_____________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) AR20100011249
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ABCMR Record of Proceedings (cont) AR20100011249
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