IN THE CASE OF: BOARD DATE: 10 January 2012 DOCKET NUMBER: AR20110013808 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 award of the Armed Forces Expeditionary Medal (AFEM) and foreign service credit for the Cuban Missile Crisis. 2. He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect his participation in the Cuban Missile Crisis. He was assigned to Headquarters Company, 2nd Airborne Battle Group, 187th Airborne Infantry Regiment, 101st Airborne Division, from December 1960 to July 1963. 3. He contends his unit was flown to an airbase in Panama, FL. When the unit exited the aircraft, they were escorted into an area encircled with concertina wire and armed guards at the entrance. The guards were instructed not to tell the Soldiers where they were or what was going on. 4. He also states that eventually a newspaper slipped into the compound and the Soldiers were made aware of what was transpiring. There are numerous websites which confirm the participation of the 101st Airborne Division in this matter. 5. He provides his DD Form 214. 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. His records show he enlisted in the Regular Army on 13 July 1960. After completion of training, he served in military occupational specialty 113.67 (Infantry Operations and Intelligence). He was subsequently assigned to Headquarters Company, 2nd Airborne Battle Group, 187th Airborne Infantry Regiment, 101st Airborne Division, Fort Campbell, KY. 3. Item 29 (Foreign Service) and Item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he completed any service in the area of operations for Cuba. 4. Section 4 (Chronological Record of Military Service) and Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) are also void of any foreign service time. 5. A review of his military personnel record did not yield any documentation to show his participation in the Cuban Missile Crisis. 6. On 12 July 1963, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve service obligation. Item 24c (Foreign and/or Sea Service) of his DD Form 214 does not show any foreign service time and item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) is void of the AFEM. 7. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded 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 participation in Cuba in support of the Cuban Missile Crisis from 24 October 1962 through 1 June 1963. 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. DISCUSSION AND CONCLUSIONS: 1. There is no evidence in his records and he has not provided sufficient evidence which shows he served as a bona fide member in a unit engaged in Cuban operations or served in the area of operations for 30 days, or was engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days. 2. His contentions alone are not sufficient evidence upon which to base award of the AFEM or to add foreign service credit to his DD Form 214. The available evidence of record shows he completed his entire military career at Fort Campbell, KY. He acknowledges he never left Florida. 3. Nevertheless, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 4. In view of the foregoing, he is not entitled to the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ___X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20110013808 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013808 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1