IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140008786
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 medal was left off his DD Form 214 and he requests that it be added.
3. The applicant provides his DD Form 214 and an extract of his DA Form 24 (Service Record).
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 applicant was inducted into the Army of the United States on 26 June 1962. He completed training and was awarded military occupational specialty 112.00 (Heavy Weapons Infantryman).
3. Section 2 (Chronological Record of Military Service) of his DA Form 24 shows he served in Germany from on or about 17 January 1963 to 21 July 1963. His record also reveals Movement Order Number 1, Headquarters, Fort Riley, Fort Riley, KS, dated 9 January 1963, which placed him in a Temporary Change of Station (TCS) status with his unit, Company E, 1st Battle-Group, 28th Infantry Regiment, 1st Infantry Division as part of a task force to United States Army Europe.
4. Section 9 of his DA Form 24 shows he was awarded the AFEXM and the Army of Occupation Medal (AOM) per authority of Army Regulation 672-5-1 (Military Awards), on 6 May 1963 in Berlin, Germany.
5. On 25 June 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows he was awarded the:
* Good Conduct Medal
* AOM
* Marksman (Pistol), currently referred to as the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal)
* Expert (Rifle), currently referred to as Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual, unit, and foreign military awards.
a. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. The AFEM is authorized for Soldiers assigned in Berlin during the period 14 August 1961 through 1 June 1963.
b. The National Defense Service Medal (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.
7. His record indicates he is entitled to two additional awards which are not reflected on his DD Form 214.
8. Special Orders Number 110, Headquarters, 1st Training Regiment, United States Training Center, Fort Gordon, Georgia, dated 4 August 1962, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).
9. Special Orders Number 242, Headquarters, Fort Polk, Fort Polk, LA, dated 28 October 1962, awarded him the 1st Class Gunner (now call the Sharpshooter) Marksmanship Qualification Badge with Recoilless Rifle Bar (M-40).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was awarded the AFEM. His record shows he served a qualifying period of service in Berlin, Germany that entitles him to this award; therefore, it would be appropriate to correct his DD Form 214 to show it.
2. He also served a qualifying period that entitles him to the NDSM; therefore, it would be appropriate to correct his DD Form 214 to show this award.
3. Special orders awarded him the following individual marksmanship awards:
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* First Class Gunner Marksmanship Qualification Badge with Recoilless Rifle Bar (M-40)
4. These marksmanship awards are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.
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 is 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 amending his DD Form 214 by adding the:
* Armed Forces Expeditionary Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge (formerly called the First Class Gunner Marksmanship Qualification Badge) with Recoilless Rifle Bar (M-40)
_______ _ 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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20140008786
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