IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100026336
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 reconsideration of his request to be awarded the Armed Forces Expeditionary Medal (AFEM) and the Air Assault Badge. He also requests to be awarded the National Defense Service Medal (NDSM).
2. The applicant states, in effect, he is entitled to award of the AFEM because he served during the Cuban Missile Crisis. He goes on to state he served during a period that qualified for award of the NDSM and he served in the first battalion to participate in training for air assault deployments.
3. The applicant provides:
* a two-page explanation of his application
* two Wikipedia explanations of criteria for award of the AFEM and NDSM
* copies of two news articles
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. 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 AR20090004554 on 28 July 2009.
3. The applicant enlisted in the Regular Army on 21 July 1961 for a period of 3 years. He completed basic and advanced individual training as a light weapons infantryman at Fort Dix, New Jersey. He was transferred to Germany on 15 December 1961 where he served with the 48th and 39th Infantry Regiments. He departed Germany on 30 June 1964.
4. On 1 July 1964, he was honorably released from active duty (REFRAD) in the rank of specialist four at Fort Hamilton, New York, as an early overseas returnee. He completed 2 years, 11 months, and 11 days of active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded marksmanship badges.
5. A review of his records shows he had "excellent" conduct and efficiency ratings throughout his entire enlistment and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
6. His records failed to show he was ever awarded the Air Assault Badge or that he completed the prescribed training for award of the Air Assault Badge.
7. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings.
8. Army Regulation 600-8-22 (Military Awards) 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.
9. The AFEM is a military award of the U.S. military which was first created in 1961 by Executive Order of President John Kennedy. The decoration is awarded for participation in any military campaign of the United States for which no other service medal is authorized. The first campaign of the AFEM was the Cuban Missile Crisis and the award was issued to those who served in the designated area of operation during the period of 24 October 1962 to 1 June 1963. The designated area of operation was deemed to be the island/country of Cuba and in the water area from 12 degrees to 28 degrees north latitude and from 66 degrees to 84 degrees west longitude. Information obtained from the Awards Branch of the U.S. Army Human Resources Command indicates a subsequent message/directive was dispatched to the field from the Secretary of the Army which clarified that Florida (units/individuals present in Florida) was not encompassed by the designated area of operations and thus did not qualify for award of the AFEM.
10. Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. The Air Assault Badge was approved by the Chief of Staff of the Army on 18 January 1978 for Army-wide wear by individuals who successfully completed air assault training after 1 April 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the NDSM. Accordingly, he authorized this award and to have it added to his records.
2. A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM. Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error. Accordingly, he should be awarded the AGCM (1st Award) for the period 21 July 1961 to 1 July 1964 and his DD Form 214 should be corrected to show this award.
3. The applicant's contention that he is entitled to award of the AFEM because he served during the period of the Cuban Missile Crisis has been noted and is found to lack merit. Although he served during the period of the Cuban Missile Crisis, he did not serve in the area of operations required for award of the AFEM. Accordingly, it appears there is no basis to award him the AFEM.
4. The applicant's contention that he should be awarded the Air Assault Badge has also been noted and is found to lack merit. The Air Assault Badge was not created until 1978 (14 years after his REFRAD) and the applicant did not complete the requisite training for award of the Air Assault Badge. Accordingly, it does not appear he is eligible for award of that badge.
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:
* awarding him the AGCM (1st Award) for the period 21 July 1961 to 1 July 1964 while serving in the rank of specialist four and adding it to his records
* adding the AGCM (1st Award) and the NDSM to his DD Form 214
2. However, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090004554, dated 28 July 2009, that pertains to awarding him the AFEM and the Air Assault Badge.
_____________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) AR20100026336
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ABCMR Record of Proceedings (cont) AR20100026336
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