MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           21 November 2002  
	DOCKET NUMBER:   AR2002075165

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 he be awarded the Army of Occupation Medal (AOM) with Berlin Clasp.

APPLICANT STATES:  He has been a member of the Veterans of Foreign Wars (VFW) for 20 years, and now the VFW says he can’t be a member unless he is awarded the AOM with Berlin Clasp

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

He was inducted on 23 April 1962 and was honorably discharged on 29 July 1962 for the purpose of enlisting in the Regular Army.

He enlisted in the Regular Army on 30 July 1962, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-4.  He was sent to Europe and assigned to an infantry unit.

He was honorably released from active duty on 13 July 1965 due to his having insufficient time remaining on his enlistment to warrant reassigning him after his return from Europe.  His records show he was assigned to the 4th Armored Division in Germany but does not show that his unit was stationed in Berlin.

Army Regulation 600-8-22 provides, in pertinent part, that the AOM is awarded for service of 30 consecutive days at a normal post of duty while assigned to a qualifying location.    Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955.  Qualifying service for the Berlin clasp is between 9 May 1945 and 2 October 1990.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the applicant served in Europe, he has not provided any evidence and his records do not contain any evidence that his unit was located in Berlin.

2.  Without evidence that he served in Berlin, there is no basis on which to award him the AOM.

3.  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

___fne __  ____le___  ___tl ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075165	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.