IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100017091
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, award of the Armed Forces Expeditionary Medal (AFEM) for his service in Germany. He also requests his duty assignment in Germany be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in Germany from April 1958 to August 1959.
3. The applicant provides a copy of his DD Form 214 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's military records are not available for review. However, this case is being considered using reconstructed records which primarily consists of his DD Form 214 and pay records.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 7 October 1957. He trained as a light weapons infantryman. On 28 August 1959, he was released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.
4. The applicant's DD Form 214 does not show the AFEM as an authorized award. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year, 4 months, and 5 days of foreign service.
5. DA Forms 2078 (Soldier's Deposit Ticket) for the period 1 December 1958 to 30 June 1959 show the applicant was assigned to Company C, 1st Battle Group, 7th Infantry, Army Post Office (APO) 162, New York, NY.
6. A numerical listing of APO's shows APO 162 included geographical locations in England, France, Luxembourg, and Germany.
7. 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. The regulation does not list Germany as an authorized military operation for award of the AFEM.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 would be entered in item 24c. There is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since Army Regulation 600-8-22 does not list Germany as an authorized military operation for award of the AFEM, there is no basis for granting the applicant's request for the AFEM.
2. Although the applicant requests correction of his DD Form 214 to show a duty assignment in Germany during the period April 1958 to August 1959, the governing regulation contains no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214. His foreign service is properly shown in item 24c of his DD Form 214.
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 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) AR20100017091
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ABCMR Record of Proceedings (cont) AR20100017091
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