BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003151 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003151 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003151 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Armed Forces Expeditionary Medal (AFEM). 2. The applicant states: * he feels he should be awarded the AFEM * he was in a hostile action by a foreign armed force even though it did not materialize * he is requesting the AFEM to claim his membership with the Veterans of Foreign Wars (VFW) organization * in the summer of 1972, while stationed in Germany, he was on guard duty as a “Charge of Quarters” when he received a bomb threat * he called in the threat and a response team arrived * no bomb was found, but the area was placed on heightened alert for several weeks * his unit gave him little to no recognition * he knows it was a short and non-essential incident, and not worth reviewing * it was at the time an engagement with the enemy * he does not want the award to claim any disabilities 3. The applicant provides the self-authored statements summarized above; Executive Order 10977, dated 4 December 1961; and a two-page list of bomb threats and terrorist acts in Germany from June 1971 to May 1972. 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. The applicant was inducted into the Army of the United States on 13 April 1971. The highest rank/grade he held was specialist four (SP4)/E-4. 3. His DA 20 (Enlisted Qualification Record) shows he was assigned to the 26th Supply and Service Company in Germany from 16 December 1971 to 7 April 1973. Item 41 (Awards and Decorations), does not show or indicate entitlement to the AFEM. 4. On 9 April 1973, he was honorably released from active duty, and transferred to the United States Army Reserve. He completed 1 year, 11 months, and 27 days of creditable active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Marksman Qualification Badge with Rifle Bar (M-16). 5. He provides a copy of Executive Order 10977, dated 4 December 1961, establishing the AFEM. It states the AFEM was established for award to personnel of the Armed Forces of the United States who, after 1 July 1958, participated in operations during which, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces was imminent even though it did not materialize. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 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 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. The Joint Chiefs of Staff will designate U.S. military operations that qualify for the AFEM, and they will specify the degree of participation in designated operations warranting award of the medal. DISCUSSION: The evidence of record shows the applicant was assigned to Germany from 16 December 1971 to 7 April 1973. However, the evidence of record does not contain and he did not provide any evidence that shows he served in combat or in direct support of combat operations designated by the Joint Chiefs of Staff that are listed in the governing regulation. As such, he does not meet the regulatory criteria for award of the AFEM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003151 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003151 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2