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ARMY | BCMR | CY1997 | 9711487
Original file (9711487.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, appropriate back pay and decorations to reflect his service in a combat zone.

APPLICANT STATES : That he served on secret guard duty on the East-West German border (a combat zone). He wants the decorations for that duty so he can join the Veterans of Foreign Wars.

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

He was drafted into the Army on 15 March 1966. He completed basic training and advanced individual training and was awarded military occupational specialty 62E (Construction Machine Operator). He was assigned to Company A, 317
th Engineer Battalion, Germany from 1 August 1966 - 23 February 1968 where he served as a combat construction specialist and loader operator. He was honorably discharged on 24 February 1968 in pay grade E-5. He was awarded the National Defense Service Medal and the Army Good Conduct Medal.

Army Regulation 600-8-22 prescribes Army policy, criteria and administrative instructions concerning individual military awards. The regulation authorizes no special decoration for service anywhere in Germany except for the Army of Occupation Medal (for service between 9 May 1945 and 5 May 1955) and the Berlin Occupation Medal.

The Department of Defense Military Pay and Allowances Entitlements Manual
(DODPM) prescribes entitlement to pay of all categories. Chapter 10 prescribes entitlement to hostile fire pay. No area of Germany is listed as a hostile fire zone for any period of time.

The DODPM also prescribes entitlement to foreign duty pay. While assignment to certain locations in Germany does entitle enlisted members to foreign duty pay, Chapter 17 of the Department of Defense Financial Management Regulation requires the individual be assigned to that location. Foreign duty pay is not authorized for temporary duty personnel.

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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




Loren G. Harrell
                                                     Director

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