RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20050000652


      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             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 correction of his records to show award of the
Army of Occupation Medal.

2.  The applicant states, in effect, that he served in West Berlin with C
Company, 382nd Military Police Service Battalion attached to the 759th
Military Police Service Battalion from the period 30 March 1950 through 10
June 1950.  He further states that the time frame fits the criteria for
this Cold War Operations Medal.

3.  The applicant provides a DD Form 214 (Report of Separation from the
Armed Forces of the United States); a Commendation letter from the Office
of the U.S. Commander, Berlin, dated 12 June 1950; a 2nd endorsement to the
Commendation letter, dated 30 June 1950; and an 3rd endorsement to the
Commendation letter, dated 5 July 1950.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 October 1953.  The application submitted in this case is
dated 1 January 2005.

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 limitations 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.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, this
case is being considered using reconstructed records, which primarily
consist of his DD Form 214 and the Commendation letters provided by the
applicant.

4.  The applicant's DD Form 214 shows he enlisted in the Army on 31 October
1949.  He was awarded the Army of Occupation Medal with Germany Clasp.
Item 26 (Foreign and/or Sea Service) shows 3 years, 6 months, and 20 days.
He was honorably discharged on 14 October 1953.
5.  The applicant provided a Commendation letter that shows his unit, C
Company, 382nd Military Police Service Battalion (apparently already
assigned elsewhere in German), was awarded a commendation for service
rendered during a tour of duty in Berlin, Germany from the period 30 March
1950 through 10 June 1950.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Army of Occupation Medal is awarded for service of thirty
consecutive days at a normal post of duty in a qualifying location.
Personnel at a qualifying location as an inspector, courier, and escort on
temporary or detached duty are precluded from eligibility.  The Army of
Occupation Medal with Germany Clasp is for authorized for service in the
Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  Award
of the Army of Occupation Medal with Berlin Airlift Device is based on
service which must have occurred entirely within the period 26 June 1948 to
30 September 1949.  Award of the Berlin Airlift Device is announced in
orders and requires 92 consecutive days with a unit credited with
participation in the Berlin airlift.  Those personnel not qualifying for
award of the Berlin Airlift Device will be specifically announced in orders
authorizing award of the Army of Occupation Medal.

7.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states
that the National Defense Service Medal is awarded for honorable active
service for any period between 27 July 1950 through 27 July 1954, 1 January
1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Berlin from 30 March
1950 through 10 June 1950.  His DD Form 214 with the period ending 14
October 1953 already shows award of the Army of Occupation Medal with
Germany Clasp based on his service in Berlin.  There is no evidence that
shows the applicant is eligible for the Army of Occupation Medal with
Berlin Airlift Device.  No other clasp or device is authorized for wear
with the Army of Occupation Medal for service in Germany or Berlin.
Therefore, the entry on his DD Form 214 that shows the Army of Occupation
Medal with Germany Clasp is correct.

2.  The applicant met the eligibility criteria for award of the National
Defense Service Medal.  This award should be added to his DD Form 214.




3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 October 1953; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 October 1956.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

4.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ SK ___  __ BJE  _  __ RTD  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.






3.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the National Defense Service Medal.




                                          _Mr. Stanley Kelley
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20000652                              |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |1 September 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0060.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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