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ARMY | BCMR | CY2011 | 20110014171
Original file (20110014171.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110014171 


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 earlier petition to correct his
DD Form 214 (Armed of Forces of the United States Report of Transfer or Discharge) to show entitlement to the Armed Forces Expeditionary Medal and the Presidential Unit Citation.

2.  The applicant states when he was released from the service he was wearing the "unit or presidential citation, good conduct, occupation medal, and expeditionary, some of which are listed on his DD 214; however, someone told me or my unit we were entitled to the same.  I only want the records to be true and accurate."

3.  The applicant provides:

* a four-page self-authored statement
* four pages of illegible (blackened) documents
* Special Orders Number 168, dated 25 August 1961
* Special Orders Number 172, dated 21 June 1963
* chain of command listing
* a letter from the commander of Company A, 724th Ordnance Battalion to all detachment and assigned personnel, subject:  Detachment Policys [sic], dated 13 July 1962


CONSIDERATION OF EVIDENCE:

1.  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 AR20100024372, on 24 March 2011.

2.  The applicant submitted a self-authored statement, illegible documents, and special orders which were not previously considered by the Board; therefore, these documents are considered new evidence which warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army (RA) on 7 July 1960 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 634.10 (Fuel and Electrical Systems Repairman).

4.  The applicant was assigned to the 724th Maintenance Battalion in Augsburg, Germany from 3 October 1961 to 24 June 1963.  He was honorably released from active duty on 25 June 1963 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  The applicant provided a self-authored statement which states he was wearing the Armed Forces Expeditionary Medal and the Presidential Unit Citation when he was released from service.  He further states:

Shortly after being assigned to "C" Company, 724th Ord[nance] we were notified we would render maint[enance] support for a division or company going to Berlin and leaving Berlin.  This was around Oct[ober] or Nov[ember].  We performed these duties in or around the city of Kassel.  We then after a period of time I believe Dec[ember] we left in formation through Russian occupied East Germany to West Berlin.  I can only remember entering East Germany going through inspections and harassment and proceeding with Russian tanks and infantry on both sides of [the] autobahn.

We then again performed 2 and 3 echelon maint(enance) at a facility in Berlin until we returned to Augsburg, Germany.  I do believe that the period of time disclosed under Army Regulation 800-8-22 is met.  I cannot find my photos and news clippings from Stars and Stripes that I have but cannot locate and again I did not to the best of my knowledge perform any heroic act that would personally warrant the Presidential Unit Citation.  Perhaps someone else 


thought so and told us we were entitled to them, but it would only have come from someone listed on the chain of command.

To the best of my knowledge we were the only ordnance company other than signal and MP (military police) at the same kaserne in Kassel, Germany rendering support to those in movement.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officer in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War.  This pamphlet shows the 724th Ordnance Maintenance Battalion was cited for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 2 July through 15 September 1950 by Department of the Army General Order Number 45, dated 1950.

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 670-1 (Wear and Appearance of Army Uniforms and Insignia) states:

	a.  unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

	b.  an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

9.  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.  The applicant's claim of entitlement to the Presidential Unit Citation and the Armed Forces Expeditionary Medal was carefully considered and found to be without merit.

2.  The available evidence shows the applicant was assigned to the 724th Maintenance Battalion in Augsburg, Germany.  There is no evidence and the applicant did not provide any evidence that shows he was a bona fide member of a unit assigned to or in direct support of operations in Berlin, Germany during the period 14 August 1961 to 1 June 1963.  Although he contends he rendered maintenance support with his unit to units in Berlin, there is no corroborating evidence to support his claim.  Without such evidence, there is no basis for adding the Armed Forces Expeditionary Medal to his DD Form 214.

3.  The applicant's assertion that the Presidential Unit Citation was awarded to his unit in Germany is correct.  However, evidence shows he was not assigned and present for duty with the unit at any time during the period cited.  As such, he was only authorized temporary wear of the Presidential Unit Citation during his period of assignment.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100024372, dated 24 March 2011.



      ___________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)                                         AR20110014171





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ABCMR Record of Proceedings (cont)                                         AR20110014171



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