BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120012328 


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 the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states the National Personnel Records Center (NPRC) authorized issuance of the service medal to him on 23 February 2009.

3.  The applicant provides a copy of his DD Form 214 and the NPRC letter in support of his application.

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 was inducted into the Army of the United States on 
20 September 1960.  He was awarded military occupational specialty 310 (Field Cannon Crewmember).

3.  The applicant's DA Form 24 (Service Record) shows in:

   a.  section 5 (Service Outside Continental United States):  deployed overseas on 20 April 1962 and arrived in Germany on 21 April 1962;

   b.  section 4 (Chronological Record of Military Service):  Combat Support Company, 1st Battle Group, 8th Infantry, from 20 April to 25 August 1962; and

   c.  section 9 (Medals, Decorations, and Citations), in part:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Headquarters, 1st Reconnaissance Squadron, 15th Cavalry, Special Orders Number 170, Paragraph 3, dated 14 November 1960; presented on 4 August 1961)
* Army of Occupation Medal with Germany clasp
(presented at U.S. Forces (Berlin, Germany) on 23 July 1962)
* Army Good Conduct Medal (1st Award)
(Headquarters, 1st Battle Group, 8th Infantry, General Orders Number 15, dated 20 August 1962; presented in Berlin, Germany on 20 August 1962)

4.  Headquarters, 1st Battle Group, 8th Infantry, U.S. Forces, General Orders Number 15, dated 20 August 1962, awarded the applicant the Army Good Conduct Medal for the period 20 September 1960 to 1 September 1962.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 5 September 1962, by reason of early release of overseas returnee, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 11 months, and 16 days of active service that included 4 months and 16 days of foreign service in U.S. Army Europe.

	b.  Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Good Conduct Medal (1st Award) and Army of Occupation Medal with (Berlin) Germany clasp.



6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.

	 	(1)  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.

	 	(2)  Award of the Army of Occupation Medal with Germany clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

   b.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.

	 	(1)  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.

	 	(2)  Table 2-2 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Berlin, Germany from 14 August 1961 to      1 June 1963.

DISCUSSION AND CONCLUSIONS:

1.  The AFEM is authorized for qualifying service in Berlin, Germany from          14 August 1961 to 1 June 1963.

   a.  Records show the applicant was assigned to Combat Support Company, 1st Battle Group, 8th Infantry, from 20 April to 25 August 1962.
   
   b.  He was authorized the Army of Occupation Medal with Germany clasp for this overseas service and he was awarded the Army Good Conduct Medal in Berlin, Germany on 20 August 1962.

   c.  Thus, it is concluded that the applicant's overseas service in Berlin qualified him for award of the AFEM.

2.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
3.  Therefore, the applicant's records should be corrected to show the awards and decorations, as recommended below.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _______ _  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)                                         AR20120012328



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012328



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1