BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100017978 


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 the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he recently requested the National Defense Service Medal (NDSM) and the AFEM and was awarded the NDSM but was denied the AFEM according to the archives technician at the National Personnel Records Center (NPRC).  He contends that in October 1962 he was a rifleman serving with C Company, 1st Battalion, 325th Infantry when the 82nd Airborne Division was alerted for a combat jump into Cuba.  They were hours away from the combat jump when they were ordered to stand down.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from the NPRC, and one page of his DA Form 20 (Enlisted Qualification Record).

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 on 23 October 1961.  Upon completion of initial entry training, he was awarded the military occupational specialty 111.17 (Light Weapons Infantryman).

3.  On 2 June 1962, he was assigned to C Company, 1st Battalion, 325th Infantry at Fort Bragg, NC.

4.  On 18 September 1964, he was released from active duty and transferred to the U.S. Army Reserve.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Good Conduct Medal and the Parachutist Badge.

5.  He provides a letter from the NPRC in which he was informed they authorized the shipment of the NDSM but did not authorize the shipment of the AFEM.  He was advised that the NPRC did not have the authority to review and approve corrections to military records and to apply to this Board if he felt an error or injustice in his records existed.

6.  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.

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.

8.  At the time of the applicant's military service, the designated military operations and dates of eligibility for award of the AFEM were Berlin from 
14 August 1961 to 1 June 1963 and Cuba from 24 October 1962 to 1 June 1963.

9.  Army Regulation 600-8-22 
states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

10.  Review of his records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Special orders awarded him the following marksmanship qualification badges:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Flamethrower Bar

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the AFEM has been carefully reviewed.

2.  There is no evidence in his service personnel records that shows he served as bona fide member in a unit engaged in a military operation or served in an area of operations for 30 days, or was engaged in direct support of an operation for 30 consecutive or 60 nonconsecutive days for which the AFEM is authorized. Therefore, there is insufficient evidence to support award of the AFEM in this case. 

3.  His DD Form 214 shows he served a qualifying period of service for award of the NDSM.  Therefore, he is entitled to correction of his records to show this award.

4.  Orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-1), the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14), and the Expert Marksmanship Qualification Badge with Flamethrower Bar.  These badges should also be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ____x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 26 of his DD Form 214 by adding the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-1), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Flamethrower Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to Armed Forces Expeditionary Medal.




      _______ _   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)                                         AR20100017978



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ABCMR Record of Proceedings (cont)                                         AR20100017978



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