IN THE CASE OF:	  

		BOARD DATE:	 18 August 2011 

		DOCKET NUMBER:  AR20110003724 


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 the National Defense Service Medal and Armed Forces Expeditionary Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  The applicant also requests his commendation letter be upgraded to an Army Commendation Medal (ARCOM) and added to his DD Form 214.

2.  The applicant states, in effect, his DD Form 214 did not give him credit for the awards he is entitled to because of an administrative error that occurred when he was discharged.

3.  The applicant provides a copy of his DD Form 214, a printed page from a web site, and a 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, and 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 was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) on 18 July 1986, adding the National Defense Service Medal.  Since the National Defense Service Medal is accurately reflected in his military records it will not be discussed further in these proceedings.

3.  The applicant's record shows that he enlisted in the Regular Army on 7 April 1959.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 550.00 (supply handler).  The highest rank he attained while serving on active duty was private first class (PFC)/pay grade E-3.  The applicant was honorably released from active duty on 23 April 1962 and transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.

4.  The applicant's self-authored statement and non-government website states, in effect, he was assigned to the 84th Quartermaster Company, 4th Logistical Command, located at the U.S. Army General Depot, Nahbollenbach, Germany in direct support of the Berlin crisis. There is no evidence in the applicant's record showing that he or his unit entered Berlin in direct support of the Berlin crisis.

5.  The applicant's personnel file does not include a commendation letter.

6.  The applicant's record does not include a recommendation for the ARCOM.

7.  Army Regulation 600-8-22 (Military Awards) 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 of Army Regulation 600-8-22 identifies Berlin as a designated area of operation from 14 August 1961 - 1 June 1963.

8.  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.  "Area of eligibility" is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

9.  Army Regulation 600-8-22 states the ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service. Awards of the ARCOM may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the Bronze Star Medal.  The ARCOM may be awarded for acts of noncombatant-related heroism which does not meet the requirements for an award of the Soldier’s Medal.  

10.  Army Regulation 600-8-22 states that letters of commendation and appreciation are given for acts or services which do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation.  A written expression of commendation or appreciation will be typed on letterhead stationery and will not contain formalized printing, seals, or other distinguishing features which depart from normal letter form.  Such letters may be issued to military personnel.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 should be corrected to show award of the Armed Forces Expeditionary Medal was carefully considered and determined to lack merit.

2.  Evidence shows the applicant served on active duty in Germany at the time of the Berlin Crisis; however, there is no evidence to show that he or his unit entered the area of operations in Berlin.  In the absence of evidence to the contrary, there is no basis for granting the award of the Armed Forces Expeditionary Medal.

3.  The applicant's request that his DD Form 214 should be corrected to show award of the ARCOM was carefully considered and determined to lack merit.

4.  His record is void of any evidence and he has not provided any evidence showing he was either recommended for or awarded the ARCOM at any point in time.  In the absence of evidence to the contrary, there is no basis for granting the requested relief.

5.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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 that 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)                                         AR20110003724



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ABCMR Record of Proceedings (cont)                                         AR20110003724



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