IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150001345 


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 that he be awarded the National Defense Service Medal (NDSM) and the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states that he served with the 504th Military Police (MP) Battalion in Europe during the period of November 1961 to August 1962 in support of the Berlin buildup and he believes that he is entitled to awards of the NDSM and AFEM because he was assigned to SHAPE and delivered vehicles from France to Berlin. 

3.  The applicant provides a one-page letter explaining his application and copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 28 June 1960 for a period of    3 years and training as an MP.  He completed his training as an MP at Fort Gordon, Georgia and remained assigned to Fort Gordon with Company A, 504th MP Battalion.

3.  He departed for Cherbourg, France with his unit on 10 October 1961 and remained until he departed with his unit on 12 August 1962 for assignment to Fort Lewis, Washington.

4.  On 6 September 1962, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 issued at the time of his discharge shows only his marksmanship badges. 

5.  On 7 September 1962, he reenlisted for a period of 3 years and assignment to Edgewood Arsenal, Maryland.

6.  He served until he was honorably released from active duty (REFRAD) in the rank of sergeant on 3 September 1965.  His DD Form 214 issued at the time of his REFRAD shows no awards.

7.  A review of his records shows that the applicant had “excellent” conduct and efficiency ratings throughout his service and is void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  

8.  However, a search of his records failed to show any indication of the applicant being assigned to Berlin or meeting the qualifications for award of the AFEM.

9.  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 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.  

10.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “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.  Berlin qualified for award of the AFEM for the period 14 August 1961 to 1 June 1963.

11.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.  

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the NDSM and it should be added to his records at this time.

2.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory 


information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).  Therefore, he should be awarded the AGCM (1st Award) for the period 28 June 1960 through 27 June 1963 and his DD Form 214 should be corrected to show this award.

3.  However, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he meets the criteria for award of the AFEM.  Therefore, in the absence of such evidence there appears to be no basis to add the AFEM to his records at this time.

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:

* Awarding him the AGCM (1st Award) for the period 28 June 1960 through 27 June 1963 
* Adding the awards of the AGCM (1st Award) and NDSM to his DD Form 214 dated 3 September 1965 

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 awarding him the AFEM.  




      ___________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)                                         AR20150001345





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ABCMR Record of Proceedings (cont)                                         AR20150001345



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