IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100020039 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* Armed Forces Expeditionary Medal (AFEM)
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)
* last duty assignment as Headquarters Company, 79th Engineer Battalion, Pirmasens, Germany

2.  He states he should be awarded the AFEM for his service in Pirmasens, Germany.  He adds he was extended for 6 months because of the Berlin Crisis.  He offers that his DD Form 214 does not show his qualifications to hold an office in the Veterans of Foreign Wars or the position of District Chaplain in the State of Mississippi.

3.  He provides the following:

* DD Form 214
* Honorable Discharge Certificate
* Certificate of Retirement
* Certificate of Recognition
* self-authored statement


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 records show he enlisted in the Regular Army on 16 June 1959.  He was trained in and awarded military occupational specialty (MOS) 762.10 (Engineer Supply Specialist).  He was credited with 2 years, 11 months, and 2 days of credible service of which 2 years, 4 months, and 27 days was listed as foreign service.  He was honorably released from active duty on 17 May 1962.

3.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows "HQ CO 179TH ENGR BN APO 189."  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the same form shows award of the Army Good Conduct Medal.

4.  His DA Form 20 (Enlisted Qualification Record) shows foreign service in Germany from December 1959 to May 1962.  His DA Form 24 (Service Record) shows his unit of assignment in Germany was Headquarters Company, 179th Engineer Battalion, Pirmasens, Germany.

5.  On 18 May 1962, he enlisted in the U.S. Army Reserve (USAR) and remained in the USAR until he was honorably retired on 1 September 1999.

6.  Item 17 (Civilian Education and Military School) of his DA Form 2-1 (Personnel Qualification Record) during his USAR service shows the following entries in 1981 and after:

* Army Health Science (AHS), Clinical Specialist (Extension), completed 1981
* AHS, Medical Support Phase I (Extension), completed 1982

7.  His USAR Personnel Center Form 249-2-E (Chronological Statement of Retirement Points) shows he had an active Reserve status after 1 August 1981.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Berlin, during the period 14 August 1961 to 1 June 1963, was designated as an area authorized for award of the AFEM.

9.  Army Regulation 600-8-22 shows the OSR was established by the Secretary of the Army on 10 April 1981.  The regulation states that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Per guidance from Human Resource Command (HRC) Awards Branch on 20 August 2009, service in an active Reserve status also counts towards eligibility in retroactive cases.

10.  Army Regulation 600-8-22 shows the ASR was established by the Secretary of the Army on 10 April 1981.  The regulation states that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Per guidance from HRC Awards Branch on 20 August 2009, service in an active Reserve status also counts towards eligibility in retroactive cases.

11.  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.

12.  Army Regulation 635-5 (Separation Documents) provides guidelines for the preparation of the DD Form 214 and states that all available records will be used for the preparation of this form.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation provides a brief description of each entry made on the form.  The preparer is to enter the individual's current unit of assignment in item 12.

DISCUSSION AND CONCLUSIONS:

1.  There is no documentation in the available records to show the applicant was assigned or attached to a unit in Berlin.  Therefore, he is not entitled to the AFEM.

2.  Evidence of record shows he met the qualifications and is entitled to the awards of the OSR and ASR.  Therefore, his records should be corrected to show these awards.

3.  Records also show he met the qualifications and is entitled to the NDSM.

4.  The unit of assignment is required to be listed in item 12 of his DD Form 214.  There is no requirement to list the city and/or country.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the National Defense Service Medal, Army Service Ribbon, and the Overseas Service Ribbon to his DD Form 214.

2.  The Board further determined 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 the AFEM or listing Pirmasens, Germany, as his last duty assignment.



      ____________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)                                         AR20100020039



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ABCMR Record of Proceedings (cont)                                         AR20100020039



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