RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050006177


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, in effect, award of the Army of Occupation
Medal with Germany clasp.

2.  The applicant states, in effect, that his "Army buddy" was inducted at
the same time as he was, served with him in the 61st Tank Battalion in
Germany, and was discharged at the same time as he was.  The applicant
further states that he needs this award in order to be eligible for
membership in a particular service organization.

3.  The applicant, through his counsel, provides a copy of:

      a.  his DD Form 214 (Report of Separation from the Armed Forces of
the United States) with an effective date of separation of 17 December
1954;

      b.  a statement from Mr. R----T D--s, the applicant's "Army buddy,"
wherein
Mr. D--s states that he and the applicant were inducted into the Army on
the same date in Michigan.  Mr. D--s also states that he and the applicant
were assigned to the 61st Tank Battalion in Germany during the same time
period and that they were discharged on the same date in Illinois;

      c. Mr. D--s' DD Form 214 shows that Mr. D--s was inducted on 19
January 1953; had 1 year, 5 months, and 15 days of foreign and or sea
service; and was released from active service on 17 December 1954.  Item 27
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of Mr. D--s' DD Form 214 contains the entry "Army of
Occupation Medal (Germany)";

      d.  a group photograph of Supply Platoon, HHC (Headquarters Company),
61st Tank Battalion, 9th Infantry Division that is captioned as being taken
in Leipheim, Germany, June 1954; and

      e.  eligibility criteria for membership in a service organization.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 December 1954, the date of his release from active duty.
The application submitted in this case is dated 14 April 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 personnel records were lost or destroyed in a
fire at the National Personnel Records Center in 1973.  The records
available to the ABCMR were provided by the applicant.  The primary record
available to this Board is the applicant’s DD Form 214.

4.  The applicant's DD Form 214 shows that he was inducted on 19 January
1953; had 1 year, 5 months, and 15 days of foreign and or sea service; and
was released from active service on 17 December 1954.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
which he authenticated in his own hand, does not show award of the Army of
Occupation Medal (Germany).

6.  The applicant's DD Form 214 showed that the applicant's most
significant duty assignment was Headquarters, Service Company, 61st Tank
Battalion.

7.  Army Regulation 600-8-22 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, escort, temporary or detached duty are
precluded from eligibility.

8.  The award of the Army of Occupation Medal with Germany Clasp is awarded
for service for 30 consecutive days while assigned to the Army of
Occupation of Germany between 9 May 1945 and 5 May 1955.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists campaign participation credit, assault
landing credit, unit citation emblems, and occupation duty credit for World
War II and for the Korean War.  The 61st Tank Battalion, 9th Infantry
Division is not listed as having received occupation credit for Germany.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army of
Occupation Medal with Germany clasp.

2.  The DD Form 214 issued to the applicant's "Army buddy" is not
sufficient official documentation to show the applicant's entitlement to
the Army of Occupation Medal with Germany clasp.

3.  There is insufficient evidence to show that the applicant was assigned
to a unit other than the 61st Tank Battalion.

3.  Department of the Army Pamphlet 672-1 does not show occupation credit
awarded to the 61st Tank Battalion.

4.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for benefits.

5.  In view of the above, the applicant is not entitled to the Army of
Occupation Medal with Germany clasp.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 December 1954, the date of his
release from active duty; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 16 December
1957.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_TSK___  __JBM___  __RLD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.




                                  ____Ted S. Kanamine______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0067                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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