IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100024372
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to include the:
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Presidential Unit Citation (Army)
2. The applicant states he was wearing these awards when he was discharged but they are not on his DD Form 214.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Regular Army on 7 July 1960 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 634 (Fuel and Electrical Systems Repairman).
3. He was assigned to the 724th Maintenance Battalion in Augsburg, Germany from 3 October 1961 to 24 June 1963.
4. 24th Infantry Division (Mechanized) General Orders Number 65, dated
14 June 1963, awarded him the Army Good Conduct Medal (First Award) for the period 7 July 1960 to his date of separation on or about 6 July 1963.
5. On 25 June 1963, he was released from active duty. He completed 2 years,
11 months, and 19 days of active service that was characterized as honorable. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* Army of Occupation Medal (with Germany Clasp)
* Sharpshooter Marksmanship Qualification Badge (Rifle M-1)
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This pamphlet does not show his unit as having received the Presidential Unit Citation (Army) or the Distinguished Unit Citation.
7. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
8. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal 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. Table 2-2 lists designated U.S. Military Operations and the dates of eligibility for the Armed Forces Expeditionary Medal. Berlin is listed among the operations and the dates of eligibility are from 14 August 1961 to 1 June 1963.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the Army Good Conduct Medal. Therefore, this award should be added to his DD Form 214.
2. He was assigned to the 724th Maintenance Battalion in Augsburg, Germany. There is no substantive evidence that shows he was assigned in Berlin, Germany during the period 14 August 1961 to 1 June 1963. Therefore, there is insufficient basis to show he is authorized the Armed Forces Expeditionary Medal.
3. DA Pamphlet 672-3 does not show his unit received the Distinguished Unit Citation or the Presidential Unit Citation (Army).
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 to show he was awarded the Army Good Conduct Medal.
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 the Presidential Unit Citation (Army) and the 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) AR20100024372
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ABCMR Record of Proceedings (cont) AR20100024372
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