IN THE CASE OF:	  

		BOARD DATE:  17 January 2013

		DOCKET NUMBER:  AR20120010503 


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) for the period ending 23 February 1965 to show award of the:

* National Defense Service Medal (NDSM)
* Armed Forces Expeditionary Medal (AFEM)
* Army Commendation Medal (ARCOM)

2.  He states:

   a.  His dates of service in the U.S. Army Europe (USAREUR) are confirmation for award of the NDSM.  His dates of service with the 165th Military Intelligence (MI) with missions at the East German border are confirmation for award of the AFEM.  His total meritorious service with two commands should be considered for award of the ARCOM.  
   
   b.  The oversight was due to his transfer from USAREUR to the Continental United States (CONUS) and a change of commander.  The company commander advised him of the ARCOM recommendation.  The 2nd Battalion, 68th Armor chain of command failed to recognize his achievements from 
19 February 1962 to August 1963.  As tank platoon leader of five M48A1 (Patton) tanks his platoon placed first among 25 platoons at the annual Tank Commanders Proficiency Course completion.  His tank placed second out of 
125 tanks.

   c.  He wants recognition for meritorious service during a period of extreme international tension during the "Cold War."  His total record with the 2nd Battalion, 68th Armor and 165th MI should be considered for award of the ARCOM.

3.  He provides:

* three Certificates of Achievements
* proposed citation for the ARCOM
* 1965 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.  The applicant’s military record shows he was appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 10 June 1961.  He entered active duty on the same date.  He served in USAREUR from 12 January 1962 through 18 December 1964.

3.  He provides a citation (proposed) for award of the ARCOM.  The citation stated the applicant distinguished himself by consistent outstanding duty performance and overall commendable military service during the Cold War period from June 1961 through February 1965.  

4.  Attached to this citation is an undated/unsigned statement wherein the author, presumably the applicant, states he was recommended for award of the ARCOM by his commanding officer but the request was denied because the approval authority to whom the commanding officer reported felt that an officer under his command should serve a full tour of duty before an award is considered.  The author adds that the ARCOM should be awarded because the tour of duty was completed with extraordinary achievement and meritorious service. 

5.  He was honorably released from active duty on 23 February 1965 and he was transferred to the USAR Control Group (Reinforcement).  He was credited with completing 3 years, 8 months, and 14 days of net active service.  He was also credited with completing 2 years and 11 months of foreign service.

6.  His DD Form 214 does not list any awards in Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

7.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not list any awards.  

8.  Army Regulation 600-8-22 (Military Award) states:

   a.  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.

	b.  The AFEM may be awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, as members of the U.S. military units in a U.S. military operation in which service members of any Military Department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers.; encounter during such participation foreign armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. The award may be authorized for the following three categories of operations: U.S. military operations, U.S. operations in direct support of the United Nations, and/or U.S. operations of assistance for friendly foreign nations.  Tables 2-2 (Designated U.S. Military Operations), 2-3 (Designated U.S. operations in direct support of the United Nations), and 2-4 (Designated U.S. operations of assistance for friendly Foreign Nations) identify the designated mission, areas, and dates of service to qualify for award of the Armed Forces Expeditionary Medal.  Service at the East German Border is not designated as a specific geographic area authorized for award of the AFEM.  

   c.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

9.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed a qualifying period of service for award of the NDSM.  Therefore, it would be appropriate to correct his records to show this award on his DD Form 214.

2.  The evidence of record does not show he met the criteria for award of the AFEM during his period of active service.  Therefore, there is insufficient evidence on which to base award of the AFEM and its addition to his DD Form 214.  

3.  He provides a proposed citation for award of the ARCOM.  However, there is no evidence of record, recommendations, and/or orders authorizing him award of the ARCOM during his period of active duty.  Therefore, there is no basis for granting him this award and its addition to his DD Form 214.

4.  While the available evidence is insufficient for awarding him an ARCOM this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to the applicant’s DD Form 214 the National Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding to his DD Form 214 the Armed Forces Expeditionary Medal and the Army Commendation Medal.



      _______ _  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)                                         AR20120010503



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ABCMR Record of Proceedings (cont)                                         AR20120010503



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