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ARMY | BCMR | CY2015 | 20150000115
Original file (20150000115.txt) Auto-classification: Denied
-
		IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20150000115 


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 that:

	a.  in the 1950’s it became apparent that a medal was needed to recognize the service of the Armed Forces who participated in the increased involvement of the American military in peacekeeping activities. 

	b.   President Kennedy established the AFEM per Executive Order 1977, dated 4 December 1961, for operations on or after 1 July 1958.

	c. his AFEM was not listed on his DD Form 214 at the time of his discharge.

3.  The applicant provides his DD Form 214.

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 enlisted in the Regular Army on 31 January 1961.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a. item 33 (Record of Assignments) was assigned to Company D, 2d Battalion, 187th Infantry Regiment from 19 July 1961 to 30 January 1964; and

	b. item 34 (remarks) the entry Counter Insurgency 2 June 1962.

4.  On 30 January 1964, he was retired for length of service.  His DD Form 214 does not show the AFEM.

5.  Evidence in the applicant's record does not show that he served in any overseas theater of operations.  His record does not contain deployment orders, certificates of participation, or entries annotated on his DA Form 20 normally found in association with such a deployment.

6.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes service in the Quemoy and Matsu Islands 23 August 1956 to 1 June 1963, Berlin from 
14 August 1961 to 1 June 1963, and the Congo from 14 July 1960 to 
1 September 1962.

7.  The Army Center for Military History does not show that Company D, 2d Battalion, 187th Infantry Regiment received campaign participation credit for Armed Forces Expeditions in the Quemoy and Matsu Islands 23 August 1956 to 1 June 1963, Berlin from 14 August 1961 to 1 June 1963, or the Congo from 
14 July 1960 to 1 September 1962.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the AFEM for his participation in a peacekeeping mission was carefully considered; however, there is insufficient evidence to support this contention.
2.  The applicant appears to suggest that he is entitled to the AFEM for his service during a peacekeeping mission.  In addition his DA Form 20 indicates that he participated in a Counter Insurgency on 2 June 1962.  Unfortunately, there is no evidence in the form of deployment orders, certificates of participation, or entries annotated on his DA Form 20 which are normally found in association with such a deployment.  Therefore, there is no evidence of record and he has not provided sufficient evidence to support his contention that he actively participated in a peacekeeping mission.

3.  Based on the foregoing, there is insufficient evidence to support the applicant's request.

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)                                         AR20140021115



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ABCMR Record of Proceedings (cont)                                         AR20150000115



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