MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 November 2000
	DOCKET NUMBER:   AR2000045167

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Terry L. Placek		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 for service in support of the Berlin Crisis.

APPLICANT STATES:  In a letter of explanation prepared by the Veteran Affairs Coordinator of Fort Peck Tribes, that he was assigned to Battery A of the 2nd Battalion, 35th Artillery, which was deployed from Fort Lewis, Washington, to Bamberg, West Germany, in support of the Berlin Crisis.  In support of the application, the applicant submitted a copy of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an copy of an article printed in Military Review on the history of the Armed Forces Expeditionary Medal, and the 11 July 2000 letter from the Veteran Affairs Coordinator of Fort Peck Tribes. 

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

The applicant entered active duty on 31 December 1958 and was honorably separated from active duty on 1 March 1962.  He reenlisted on 23 February 1966 and was honorably discharged from active duty on 16 February 1969.

The applicant’s service personnel records contain two DD Forms 214.  The DD Form 214 with an effective date of 1 March 1962 covered the period of service for which he claims entitlement to the Armed Forces Expeditionary Medal. That DD Form 214 does not show entitlement to award of the Armed Forces Expeditionary Medal.  The DD Form 214 with an effective date of 16 February 1969 also does not show entitlement to award of the Armed Forces Expeditionary Medal.

The applicant’s records contain a DA Form 24 (Service Record) which covers his service from 31 December 1958 to 1 March 1962.  Section 4 of this Service Record shows a chronological record of the applicant’s military service and that the unit (Battery A, 2nd Battalion, 35th Artillery), to which he was assigned, was transferred from Fort Lewis, Washington, effective 2 October 1961 and arrived in Germany effective 13 October 1961.  The applicant was assigned to the United States for the purpose of discharge effective 24 February 1962.  This DA Form 24 does not show award of the Armed Forces Expeditionary Medal in Section 9 (Medals, Decorations, and Citations).

The article on the history of the Armed Forces Expeditionary Medal, which was  provided by the applicant, shows that the major units involved in the show of strength to demonstrate U.S. resolve to defend Berlin in the face of Soviet threats were the 3rd Battle Group of the 8th Infantry Division and the 2nd and 3rd Battle Groups of the 6th infantry Regiment.  The article also states that all “forces in Europe were alerted” and 155,000 Reservists and National Guardsmen were mobilized in the U.S.  There is no indication in this article that the 2nd Battalion of the 35th Artillery was in support of the Berlin Crisis or otherwise eligible for award of the Armed Forces Expeditionary Medal.
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 to friendly foreign nations.  Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22. 

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.  Records show the 2nd Battalion, 35th Artillery, to which the applicant was assigned, served in Germany during a period when the Armed Forces Expeditionary Medal was authorized for units involved in operations related to the Berlin Crisis. 

2.  The applicant’s DA Form 24 (Service Record) does not show that he was entitled to award of the Armed Forces Expeditionary Medal.

3.  There is no evidence, and the applicant has provided no evidence, which shows that the 2nd Battalion, 35th Artillery, was deployed in direct support of the Berlin Crisis.

4.  There is no evidence, and the applicant has provided no evidence, that the members of the 2nd Battalion, 35th Artillery, were eligible for or otherwise entitled to award of the Armed Forces Expeditionary Medal.  

5.  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 this requirement.

6.  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

_SLP___  __MW___  ___TLP__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000045167	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001114	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19620301 and 19690216	
DISCHARGE AUTHORITY	AR 635-205 AND AR 635-200	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0072.0000	
2.		
3.		
4.		
5.		
6.