RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20050017315


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 Occupational
Medal, with Germany Clasp.

2.  The applicant states, in effect, that he served overseas in Germany
from 1981 through 1982.  He also states in light of new information on
awards in accordance with Army Regulation 600-8-22, he is requesting to
have his DD Form 214 (Certificate of Release or Discharge from Active Duty)
upgraded or a new DD Form 215 (Correction to DD Form 214) issued with the
following:  the Army of Occupational Medal.  He further states that the
Army of Occupation Medal was established by War Department General Orders
32, 1946.  The Army of Occupation Medal was awarded for military service
for 30 or more consecutive days of duty in one of the occupied territories
after World War II (9 May 1945 to 3 October 1990).

3.  The applicant provides a copy of his DD Form 214 and two letters
written in his own behalf, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred 5 November 1983, the date of his release from active duty.  The
application submitted in this case is undated; however, was received on 6
December 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 show he enlisted in the Regular Army,
as a private, pay grade E-1, on 6 November 1979, for 4 years.  His records
show he served in Germany from 18 October 1980 to 18 December 1981 with the
2nd Operations Battalion.

4.  His records contain a VA Form 29-8286 (Servicemen's Group Life
Insurance Election), dated 19 August 1981 and an Individual Soldier's
Report, dated 19 April 1982 that show his unit was stationed in Augsburg,
Germany.  His records do not show he served in Berlin.

5.  He was released from active duty, in pay grade E-3, on 5 November 1983
and transferred to the United States Army Reserve (USAR) Control Group
(Reinforcement).

6.  His DD Form 214, Item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) shows he was awarded the Good
Conduct Medal, the Army Service Ribbon, and the Overseas Service Ribbon.
His separation document does not show any additional awards.

7.  He was discharged from the USAR on 5 November 1985.

8.  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 authorized for service in the Army
of Occupation of Berlin between 9 May 1945 and 2 October 1990.  Soldiers
who served in the European Theater during the occupation of Europe will
wear the clasp inscribed "Germany."

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to award of the Army of Occupational Medal, with Germany Clasp.
He has not shown error, injustice or inequity for the relief he now
requests.

2.  The applicant's records and the evidence submitted by the applicant do
not support his claim of service in Berlin or entitlement to the Army of
Occupational Medal.  His records show his service in Germany, but not in
Berlin, which was a requirement for this award.  Therefore, the applicant
is not eligible for award of the Army of Occupational Medal and there is no
basis for award of the Army of Occupational Medal to him now.

3.  In view of the foregoing, there is no basis for granting the
applicant's request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 November 1983; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 November 1986.  However, 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

___JLP__  _LDS ___  __J_____  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




                            ___Linda D. Simmons_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017315                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0067                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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