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Decision Text

ARMY | BCMR | CY1995 | 9511393C070209
Original file (9511393C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That he be awarded the Army of Occupation Medal for Germany

APPLICANT STATES:  That he was in Germany until 24 August 1964 which he contends was during the time of the Berlin occupation, but did not receive the occupation medal.  He further states that with this medal he will have a better chance of obtaining federal employment.

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

He enlisted in the Regular Army for 3 years on 30 August 1961.  After completing a tour of duty in Germany he was honorably discharged on 24 August 1964 in pay grade E-4.  His DD Form 214, Report of Transfer or Discharge, shows his only award as the Marksman Badge with rifle bar.

During his assignment in Germany the record reflects that he was stationed in the Hanau and Dexheim areas between 19 February 1962 and 23 August 1964.  There is no evidence to indicate that he was assigned in the city of Berlin during his tour of duty in Germany.

Army Regulation 600-8-22, Military Awards, provides in part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty while assigned to any of the following:  Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955 and the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

The same regulation provides that the National Defense Service Medal (NDSM) is awarded for honorable active service between 1 January 1961 and 14 August 1974, both dates inclusive.

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

1.  Based on the dates of his assignment to Germany between 1962 and 1964, he does not meet the requirements for award of the Army of Occupation of Germany Medal.  Similarly, since he was never assigned in the city of Berlin, he is not eligible for the award of the Army of Occupation of Berlin Medal.

2.  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.

NOTE:  Notwithstanding the foregoing determination, it appears that an error was made in the applicant’s record by not indicating that he was awarded the NDSM.  The record indicates that he met the criterion for this award.  Accordingly, the Commander, US Army Reserve Personnel Center will be requested to correct his DD Form 215 to reflect award of the NDSM.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		David R. Kinneer
		Executive Secretary

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