MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 October 2002                  
	DOCKET NUMBER:   AR2002069708

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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:  That his discharge document (DD Form 214) be corrected to show foreign service in the Dominican Republic and to be awarded of an "occupation medal."

APPLICANT STATES:  In effect, that his service in the Dominican Republic with the Headquarters Company, 2nd Battalion, 505th Infantry Regiment, 82nd Airborne Division is not reflected on his DD Form 214.  He believes that this period of service entitles him to an occupation medal.  The applicant also requests that any records showing an injury to his knee and elbow be forwarded to the Department of Veterans Affairs (VA). 

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

The applicant entered active duty on 9 October 1962.  He completed training with assignment as an infantrymen to Company D, 1st Airborne Battalion, 505th Infantry Regiment from 24 April 1963 through 24 May 1964.  He was transferred to the Headquarters and Headquarters Company of the 505th, where he served until 19 August 1965.  He was then transferred to Headquarters and Headquarters Company, 197th Infantry Regiment, where he served until his release from active duty on 8 October 1965.

The records currently available to the Board do not include the applicant's service medical records and the personnel records do not show any injuries sustained on active duty. 

The applicant's records show he was awarded the Armed Forces Expeditionary Medal (for the Dominican Republic), the Combat Infantryman Badge, the basic Parachutist Badge, and marksmanship qualification badges for rifle, pistol and flamethrower.  All of these awards are reflected on his DD Form 214.

A review of the achieved unit records for both the 505th and the 197th failed to clarify the period of service for which the applicant received the Armed Forces Expeditionary Medal.  This review also failed to identify the applicant as receiving an injury during his period of service.

Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Paragraph 2-12 lists the period of award for service in the Dominican Republic as from 28 April 1965 through 21 September 1966.

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.  Since the Board is unable to determine the period for which the applicant was awarded the Armed Forces Expeditionary Medal, it is unable to properly correct the record to show his period of foreign service.  

2.  There is no "occupation medal" authorized for service in the Dominican Republic.  Award of the Armed Forces Expeditionary Medal properly recognizes the applicant's service in the Dominican Republic.  

3.  The records available to the Board do not contain any information that would assist the applicant in his request for VA entitlement.

4.  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.

5.  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

__JLP___  __MHM__  __JEA__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069708	
SUFFIX		
RECON		
DATE BOARDED	20021008	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.