RECORD OF PROCEEDINGS

	IN THE CASE OF:       .

	BOARD DATE:             22 January 2004                  
	DOCKET NUMBER:     AR2003091332

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

	Mr. Carl W. S. Chun		Director	
	Mr. Klaus P. Schumann		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ronald J. Weaver		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, correction of his record to show the Armed Forces Expeditionary Medal (AFEM) and any other awards he earned during his service in the Army.

2.  The applicant states, in effect, that he served in Berlin, Germany, from 
1960 through 1963, and that he is entitled to the AFEM.

3.  The applicant provides, in support of his application, his separation document (DD Form 214), effective 3 June 1963.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 3 June 1963. The application submitted in this case is dated 12 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he entered active duty on 18 June 1960, and that he was trained and serve in military occupational specialty (MOS) 111.10 (Light Weapons Infantryman).  Upon successful completion of his training, he was assigned to Berlin, Germany.  He was honorably separated on 
3 June 1963.

4.  The applicant's separation document shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Army Good Conduct Medal, Expert Infantry Badge, Army of Occupation Medal (Berlin) and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's military records do not show award of the Armed Forces Expeditionary Medal or the National Defense Service Medal.

6.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in 
Item 29 (Foreign Service), that he served in Germany for the period 5 November 1960 through 28 May 1963.  His separation document further confirms, in Item 12 (Last Duty Assignment and Major Command), that he served in Berlin, Germany.  
7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM 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.  

8.  The awards regulation also provides that the AFEM 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.  

9.  Paragraph 2-12 of the awards regulation states that the AFEM was authorized for service in Berlin between 14 August 1961 and 1 June 1963. 

10.  Paragraph 2-10 of the awards regulation provides guidance on award of the National Defense Service Medal (NDSM).  It states, in pertinent part, that it is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served in Berlin, Germany  for 2 years and 7 months, from November 1960 through May 1963.  Based on this qualifying service, he is entitled to the AFEM.  

2.  By regulation, the NDSM is authorized to any member for honorable active service for any period between 1 January 1961 through 14 August 1974.  The evidence confirms that the applicant was ordered to and entered active duty on 
18 June 1960, and that he served for 2 years, 11 months and 29 days until being honorably separated on 18 June 1960.  Therefore, he is entitled to award of he NDSM and correction of his record to show this award 

BOARD VOTE:

__JHL__  __AO___  ___RW  __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he is entitled to the Armed Forces Expeditionary Medal and the National Defense Service Medal; and by issuing him a corrected separation document that includes these changes.

		Joann H. Langston
		 CHAIRPERSON

INDEX

CASE ID	AR2003091332	
SUFFIX		
RECON		
DATE BOARDED	2001/01/22	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.AFEM	107.0072.0000	
2.		
3.		
4.		
5.		
6.