IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110011773
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 award of the Armed Forces Expeditionary Medal for his service in Germany.
2. He states:
* he was sent to Germany in April 1962 through October 1962
* they were getting equipment ready for possible combat because of the erection of the Berlin Wall
* he was still attached to the 2nd Armored Division which was at Fort Hood, TX
* he should have been awarded an Armed Forces Expeditionary Medal for this overseas service
3. He provides no additional documents.
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. The applicant enlisted in the Regular Army on 27 June 1961 for a period of three years.
3. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he served in Germany from 7 April through 22 September 1962, at Army Post Office (APO) 227, and again in Germany from 24 October through 18 November 1963.
4. He was honorably released from active duty on 26 June 1964. His DD Form 214 does not show award of the Armed Forces Expeditionary Medal.
5. His service record does not indicate he served in Berlin, Germany.
6. 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. Qualifying service for this award includes service in Berlin, Germany from 14 August 1961 through 1 June 1963.
7. A listing of historical APOs shows APO 227 was assigned to Kaiserslautern, Germany on 1 April 1957.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Germany from 7 April through 22 September 1962 and from 24 October through 18 November 1963.
2. His service record is void of evidence and he has not provided any evidence which shows he participated in operations in Berlin during his assignment in Germany. Therefore, there is insufficient evidence on which to award him the Armed Forces Expeditionary Medal.
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.
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