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ARMY | BCMR | CY2004 | 04102019C070208
Original file (04102019C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 OCTOBER 2004
      DOCKET NUMBER:  AR2004102019


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Ronald Weaver                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her records be corrected to show
entitlement to the Army of Occupation Medal for service in Berlin and the
Armed Forces Expeditionary Medal even though she did not serve in the
Persian Gulf area.

2.  The applicant states she assumed all of the “paper work” would have
been added to her Department of the Army Form 2-1 (Personnel Qualification
Record) but notes that the last entry on that form was her reassignment to
Heidelberg in 1992.  She states that the transition clerk knew nothing
about the Army Occupation Medal and at that point she just wanted to get
out of the Army and start a new life.  She states that she cannot maintain
her overseas job without a campaign medal.

3.  The applicant provides copies of documents from her Official Military
Personnel File, which confirms her assignment to Berlin.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 April 1998.  The application submitted in this case is
dated
15 December 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 10 November 1987 and served continuously, via several
reenlistments, until she was honorably discharged on 25 April 1998.

4.  In March 1988 the applicant was assigned to an Army organization in
Berlin.  She remained in Berlin until she was reassigned to an Army
organization in Heidelberg, Germany in May 1991.

5.  The applicant’s Department of the Army Form 2-1 does note, in item 9
(awards, decorations and campaigns), that she was entitled to the AOM (Army
of Occupation Medal).
6.  Army Regulation 600-8-22 states that individuals serving in Berlin
between
9 May 1945 and 2 October 1990 were entitled to the Army of Occupation
Medal.

7.  Army Regulation 600-8-22 states that the Armed Forces Expeditionary
Medal is authorized for United States military operations, United States
operations in direct support of the United Nations, and United States
operation of assistance for friendly foreign nations, in designated areas
during designated periods.  The Armed Forces Expeditionary Medal was
authorized for service in the Persian Gulf as part of Operation Earnest
Will between 24 July 1987 and 1 August 1990.  It was also authorized for
several operations commencing after 1 December 1995 and after 23 August
1998.  However, in each instance service in the designated region was
required.

8.  There is no evidence that the applicant was ever deployed to the
Persian Gulf region during her military service.

9.  The applicant was honorably discharged on 25 April 1998.  Her
separation document does not reflect entitlement to the Army of Occupation
Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to an award of the
Army of Occupation Medal for service in Berlin prior to 2 October 1990.

2.  There is, however, no evidence that she was ever deployed to the
Persian Gulf region and as such, is not entitled to an award of the Armed
Forces Expeditionary Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JA___  ___DJ __  ___RW__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that she is
entitled to the Army of Occupation Medal for service in Berlin.

2.  The Board further determined that 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
award of the Armed Forces Expeditionary Medal.




                            ____ James Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102019                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041021                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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