IN THE CASE OF:
BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130008713
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 for service during the Berlin crisis.
2. The applicant states he was called to active duty with the U.S. Army Reserve (USAR) during the Berlin crisis from 1 October 1961 to 11 August 1962.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Certificate of Appreciation from the Secretary of the Army
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. On 10 March 1958, he enlisted in the USAR. He completed 6 months of active duty for training from 20 April to 19 October 1958.
3. On 19 October 1958, he was assigned to the 450th Ordnance Company (Ammunition) in Aiken, SC.
4. On 1 October 1961, he was ordered to active duty.
5. Headquarters XII U.S. Army Corps, Atlanta 6, GA, Movement Order Number 13, dated 3 October 1961, ordered the 450th Ordnance Company (Ammunition) to proceed to the mobilization station at Fort Polk, LA to be assigned to Fourth U.S. Army to arrive on 13 October 1961.
6. There is no evidence the unit further deployed to Berlin.
7. Section 5 - Service Outside Continental United States of his DA Form 24 (Service Record) does not show any foreign service.
8. On 11 August 1962, he was released from active duty at Fort Polk, LA. His DD Form 214 does not show:
* any foreign service in item 24c (Foreign and/or Sea Service)
* the award of the Armed Forces Expeditionary Medal
9. He provided a certificate of appreciation signed by the Secretary of the Army. This certificate extended the Secretary's appreciation to those who responded to the call and served in the Active Army during a time of crisis in 1961-62. However, the certificate does not address individuals or units nor does it indicate that it is addressed to those who served overseas.
10. Army Regulation 600-8-22 (Military Awards) 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.
a. 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.
b. 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.
11. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. It directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed be entered in Item 24c.
DISCUSSION AND CONCLUSIONS:
1. The certificate he provided does not provide any evidence to show he served in Berlin during the Berlin crisis.
2. Although the 450th Ordnance Company (Ammunition) was ordered to active duty during the Berlin crisis, there is no evidence the unit was further deployed to Berlin. His military records do not show he served in Berlin during the Berlin crisis. There is no evidence of record and he has not provided any substantive evidence to show he served in Berlin during the Berlin crisis. Therefore, there is an insufficient basis for granting relief in this case.
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) AR20130008713
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ABCMR Record of Proceedings (cont) AR20130008713
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