MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            15 February 2000
	DOCKET NUMBER:    AR1999025021

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Roger Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, award of the Armed Forces Expeditionary Medal (AFEM) and the Korean Service Medal (KSM).  

APPLICANT STATES:  In effect, that he is entitled to award of the AFEM for his period of service in Germany.  He also contends that he earned the KSM during his service in the Navy.  In support of his application, he submits a 19 November 1998 letter from the National Personnel Records Center, a copy of a DD Form 214 (Report of Transfer or Discharge) with an effective date of 15 September 1959 for his service in the Army, a copy of a DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 20 June 1955 for his service in the Navy and a copy of a Certification of Military Service with an effective date of 15 September 1959. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant served in the Navy from February 1952 to June 1955.  

The applicant enlisted in the Regular Army on 4 January 1957 for a period of
3 years.  He served as a field artillery crewman and was honorably discharged on 1 April 1958 for the Convenience of the Government to reenlist in the Regular Army.  He reenlisted on 2 April 1958 for a period of 6 years.  The applicant served in Germany from 24 February 1958 through 18 August 1959 and was discharged on 15 September 1959 with an under honorable conditions (general) discharge under the provisions of Army Regulation 635-209, for unsuitability.     

The applicant’s DD Forms 214 do not show the AFEM as an authorized award.  

There is no evidence that the applicant served a period of service which qualifies for award of the AFEM.  Army Regulation 600-8-2 (Military Awards) lists the designated U.S. military operations, areas, and dates for eligibility for award of the AFEM.  The regulation does not show that the AFEM was awarded for service in Germany for the period 24 February 1958 through 18 August 1959.  

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for
30 days, be engaged in direct support of the operation for 30 consecutive or
60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.    
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Army Board for Correction of Military Records cannot correct service records of the Department of the Navy and the Department of the Air Force.  Therefore, the applicant’s request pertaining to award of the KSM during his active duty in the Navy must be considered by the Board for Correction of Naval Records.  

2.  The Board noted the applicant’s contention that he is entitled to award of the AFEM for his service in Germany from 24 February 1958 through 18 August 1959.  However, the governing regulation does not show that the AFEM was awarded for service in Germany during that period.  Also, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he completed a period of active service during a period of eligibility for award of the AFEM.  Therefore, he is not entitled to correction of his military records to show this award. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FE_____  KAK_____  RA______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025021	
SUFFIX		
RECON		
DATE BOARDED	20000215	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19590915	
DISCHARGE AUTHORITY	AR 635-209  	
DISCHARGE REASON	Unsuitability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0072	
2.	107.0070	
3.		
4.		
5.		
6.