IN THE CASE OF:	  

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140009588 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show:

	a.  his duty assignment in Berlin, Germany, and

	b.  award of the Army of Occupation Medal with Germany Clasp.

2.  The applicant states:

	a.  His DD Form 214 does not reflect his duty assignment with Headquarters, 4th Battalion, 6th Infantry Regiment, from August 1975 to March 1976.

	b.  The campaign ribbon for the Berlin Brigade was issued during his tour of duty, but the campaign ribbon is not listed on his DD Form 214.  The Berlin Brigade occupation campaign ribbon should be on his DD Form 214.
 
3.  The applicant provides a copy of 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.  The applicant enlisted in the Regular Army on 4 April 1975 for 3 years.  He completed his training and was awarded military occupational specialty 76D (materiel supply specialist).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to the 4th Battalion, 6th Infantry Regiment, Berlin Brigade, in Berlin, Germany, from 16 September 1975 to 14 March 1976.

4.  On 16 June 1978, he was honorably released from active duty.

5.  His DD Form 214 does not show the Army of Occupation Medal with Germany Clasp as an authorized award.  This DD Form 214 shows his last duty assignment and major command as Headquarters and Light Maintenance Company, 701st Maintenance Battalion, 1st Infantry Division, at Fort Riley, Kansas.

6.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for adding the applicant's duty assignment in Berlin to his DD Form 214.

2.  Based on his service in Berlin from 16 September 1975 to 14 March 1976, he is authorized award of the Army of Occupation Medal with Germany Clasp.  Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army of Occupation Medal with Germany Clasp to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding his duty assignment in Berlin to his DD Form 214.



      ____________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)                                         AR20140009588



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ABCMR Record of Proceedings (cont)                                         AR20140009588



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