BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20130021485
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 (Report of Transfer or Discharge) by adding the Armed Forces Expeditionary Medal (AFEM), National Defense Service Medal (NDSM), and any other awards he may be authorized.
2. The applicant states he worked in signals intelligence and, generally, awards and decorations that would make a Soldier appear conspicuous were avoided by the intelligence community. He was stationed in Turkey, and during the Cuban Missile Crisis they were on full alert because the Soviet Union considered their site to be a "missile-radar" base.
3. The applicant provides copies of his DD Form 214, name change documents, and Honorable Discharge Certificate.
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 served in the Regular Army from 14 June 1961 to 5 May 1964 He served as a Morse (code) interceptor, was advanced to pay grade E-4, and was honorably separated early as an overseas returnee.
3. His DD Form 214 lists his authorized awards as the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. Army Regulation 600-8-22 (Military Awards) states
a. The NDSM was 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; and
b. the AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. 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. The AFEM was authorized for Cuba for the period 24 October 1962 to 1 June 1963
* Direct support is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility. This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.
* Area of eligibility is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a period for which the NDSM was authorized.
2. There is no substantiating evidence that the applicant served in direct support or within the area of eligibility for which the AFEM was authorized for operations in the Cuban Missile Crisis.
3. The record does not contain and the applicant has submitted neither probative evidence nor a convincing argument in support of the request for the AFEM.
4. In view of the foregoing, it would be appropriate to correct the applicant's records as recommended below:
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 the NDSM to the awards already listed on his DD Form 214.
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 the AFEM to the applicant's list of authorized awards.
_________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) AR20130021485
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