IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011658
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 a Cuban and/or Berlin Crisis service medal/ribbon be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the only award on his DD Form 214 is the Army Good Conduct Medal (AGCM) and there should be a service medal/ribbon for the Cuban Crisis and/or Berlin Crisis. He claims he needs the service ribbon in order to join the Veterans of Foreign Wars (VFW).
3. The applicant provides no documentary evidence in support of his request.
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 record shows the applicant enlisted in the Regular Army on
21 September 1961. He was trained in and awarded military occupational specialty (MOS) 442.10 (Welder & Blacksmith). The record shows he was advanced to specialist four (SP4)/E-4 on 17 April 1964 and that this is the highest rank he attained while serving on active duty.
3. The applicants DA Form 24 (Service Record) shows that he served in Germany (Army Post Office (APO) 75-Darmstadt) with Service Battery, 3rd Howitzer Battalion, 18th Artillery Regiment performing duties as a radio operator, switchboard operator, and welder from 20 February 1962 to 27 June 1964. The DA Form 24 does not include a service medal/ribbon for the Berlin or Cuban crisis in Section 9 (Medals, Decorations and Citations).
4. On 18 September 1964, the applicant was honorably released from active duty after completing 2 years, 11 months, and 28 days of active military service. The DD Form 214 he was issued shows he completed 2 years, 4 months, and 8 days of overseas service in the United States Army Europe (USAREUR) and does not include an award for service in the Berlin or Cuban crisis.
5. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy:
a. Paragraph 2-12 contains guidance on the Armed Forces Expeditionary Medal (AFEM). It states, in pertinent part, that it is authorized to members who have participated, as members of the U.S. military units in identified U.S. military operations, U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations for 30 consecutive days in the area of operations (or for the full period when an operation is less than
30 days duration) or for 60 nonconsecutive days. The AFEM-Cuba was authorized for participation in the designated U.S. Military Operation in Cuba between 24 October 1962 to 1 June 1963; and
b. Paragraph 5-11 contains guidance on the Army of Occupation Medal Berlin. It is authorized for 30 consecutive days of service at a normal post of duty service in Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to have a Cuban or Berlin crisis service medal/ribbon added to his record and DD Form 214 has been carefully considered. However, there is insufficient evidence to support this request.
2. The awards authorized for participation in Cuba operations or for Berlin occupation were not authorized to all members who served during the period.
3. In order to qualify for the AFEM for Cuba a member had to participate as a member of the designated U.S. Operation in Cuba between 24 October 1962 to
1 June 1963.
4. In order to qualify for the AOM-Berlin, a member must have served at a normal post of duty in Berlin between 9 May 1945 and 2 October 1990 for 30 consecutive or 60 non-consecutive days.
5. There is no evidence of record or independent evidence submitted by the applicant that shows he was ever assigned to Berlin during his tour in Germany, or that he ever participated as a member of the U.S. Military Operations for Cuba. Therefore, there is an insufficient evidentiary basis to support granting 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.
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ABCMR Record of Proceedings (cont) AR20120011658
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