Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110013808
Original file (20110013808.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  10 January 2012

		DOCKET NUMBER:  AR20110013808 


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 award of the Armed Forces Expeditionary Medal (AFEM) and foreign service credit for the Cuban Missile Crisis.  

2.  He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect his participation in the Cuban Missile Crisis.  He was assigned to Headquarters Company, 2nd Airborne Battle Group, 187th Airborne Infantry Regiment, 101st Airborne Division, from December 1960 to July 1963.  

3.  He contends his unit was flown to an airbase in Panama, FL.  When the unit exited the aircraft, they were escorted into an area encircled with concertina wire and armed guards at the entrance.  The guards were instructed not to tell the Soldiers where they were or what was going on.  

4.  He also states that eventually a newspaper slipped into the compound and the Soldiers were made aware of what was transpiring.  There are numerous websites which confirm the participation of the 101st Airborne Division in this matter. 

5.  He 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 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.  His records show he enlisted in the Regular Army on 13 July 1960.  After completion of training, he served in military occupational specialty 113.67 (Infantry Operations and Intelligence).  He was subsequently assigned to Headquarters Company, 2nd Airborne Battle Group, 187th Airborne Infantry Regiment, 101st Airborne Division, Fort Campbell, KY.  

3.  Item 29 (Foreign Service) and Item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he completed any service in the area of operations for Cuba.

4.  Section 4 (Chronological Record of Military Service) and Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) are also void of any foreign service time. 

5.  A review of his military personnel record did not yield any documentation to show his participation in the Cuban Missile Crisis.

6.  On 12 July 1963, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve service obligation.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 does not show any foreign service time and item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) is void of the AFEM.  

7.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Cuba in support of the Cuban Missile Crisis from 24 October 1962 through 


1 June 1963.  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.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in his records and he has not provided sufficient evidence which shows he served as a bona fide member in a unit engaged in Cuban operations or served in the area of operations for 30 days, or was engaged in direct support of the operation for 30 consecutive or 
60 nonconsecutive days.  

2.  His contentions alone are not sufficient evidence upon which to base award of the AFEM or to add foreign service credit to his DD Form 214.  The available evidence of record shows he completed his entire military career at Fort Campbell, KY.  He acknowledges he never left Florida.

3.  Nevertheless, the applicant and all others concerned should know that 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. 

4.  In view of the foregoing, he is not entitled to the requested relief.

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)                                         AR20110013808





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013808



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100000809

    Original file (20100000809.txt) Auto-classification: Denied

    The AFEM was awarded for service in Cuba from 24 October 1962 to 1 June 1963. While an AFEM was awarded for service in Cuba from 24 October 1962 to 1 June 1963, the applicant had already been REFRAD in August 1962 and thus could not qualify for that award. 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.

  • ARMY | BCMR | CY2005 | 20050009583C070206

    Original file (20050009583C070206.doc) Auto-classification: Denied

    The Armed Forces Expeditionary Medal (AFEM) is a military award of the United States military which was first created in 1961 by Executive Order of President John Kennedy. 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. However, the criteria for award of the AFEM required that individuals must serve in the designated area of operations in order...

  • ARMY | BCMR | CY2007 | 20070015901C080407

    Original file (20070015901C080407.doc) Auto-classification: Approved

    Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the period of the applicant's honorable active duty service entitles him to the NDSM, and that his service in Korea between 1962 and 1963 entitles him to the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 26 June 1963 DD Form 214 by...

  • ARMY | BCMR | CY2008 | 20080010705

    Original file (20080010705.txt) Auto-classification: Denied

    The applicant requested that he be awarded the AFEM, but item 24c (Foreign and/or Sea Service) of his DD Form 214 does not show that he served overseas at any time during his active duty service. However, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence that he ever served in the designated area of operations of the Cuban Missile Crisis. Therefore, the Board determined that the overall merits of this case are insufficient as a basis...

  • ARMY | BCMR | CY2009 | 20090007886

    Original file (20090007886.txt) Auto-classification: Denied

    The applicant's military personnel records do not show any evidence that he was awarded the Armed Forces Expeditionary Medal for service in support of the Cuban Missile Crisis. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. However, there is no evidence of record and the applicant provides insufficient...

  • ARMY | BCMR | CY2013 | 20130021485

    Original file (20130021485.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). There is no substantiating evidence that the applicant served in direct support or within the area of eligibility for which the AFEM was authorized for operations in the Cuban Missile Crisis. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM to the awards already listed on his DD Form 214.

  • ARMY | BCMR | CY2003 | 2003084288C070212

    Original file (2003084288C070212.rtf) Auto-classification: Approved

    The regulation in effect at the time provided, in pertinent part, that item 12 of the DD Form 214 would be prepared to reflect the individual's unit of assignment and major command. However, after carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 7 December 1961 through 6 December 1963. In view of the foregoing, the applicant’s records should be corrected as recommended below.

  • ARMY | BCMR | CY2011 | 20110001350

    Original file (20110001350.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 19 July 2011 DOCKET NUMBER: AR20110001350 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 24 (Service Record) for the period 26 May 1961 through 24 January 1964 shows he served in Korea from 12 July 1961 through 11 September 1962 in section 5 (Service Outside the Continental United States).

  • ARMY | BCMR | CY2009 | 20090013913

    Original file (20090013913.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 21 January 2010 DOCKET NUMBER: AR20090013913 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal for Thailand and Cambodia. The applicant contends that his DD Form 214 should be corrected to show the Armed Forces Expeditionary Medal.

  • ARMY | BCMR | CY2007 | 20070010608C080213

    Original file (20070010608C080213.TXT) Auto-classification: Denied

    The applicant provides orders, dated 6 March 1962, assigning him to Fort Benning, GA; his DD Form 214; a DD Form 215 (Correction to DD Form 214), dated 8 April 1965; his Honorable Discharge Certificate; a letter, dated 5 July 2001, from the Review Boards Agency Support Division; two DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U. S. Code, Section 1552), both dated 5 April 2001; an Army Precommission Extension Course diploma; three subcourse...