RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000560


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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 award of the Army of Occupation Medal with
Germany Clasp.

2.  The applicant states he served in Germany from 1959 to 1961.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge); one page of his Service Record; and a Request for Test
Reporting, dated 8 Jun 1961.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 July 1961.  The application submitted in this case is dated 13 January
2006.

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 was inducted on 15 July 1959.  He served as a cook in
Germany and was released from active duty on 7 July 1961.

4.  The applicant’s DD Form 214 shows the Good Conduct Medal as an
authorized award.

5.  Section 5 (Service Outside Continental United States) of the
applicant’s Service Record shows he arrived in Bremerhaven, Germany on 12
December 1959.  He apparently served in Bamberg until he was released from
active duty.

6.  A  DD Form 215 (Correction to DD Form 214), dated 13 August 2004,
amended the applicant’s DD Form 214 to show the National Defense Service
Medal and the Marksman Qualification Badge with Rifle Bar.

7.  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, escort,
temporary or detached duty are precluded from eligibility.  For award of
the Army of Occupation Medal with Germany Clasp, qualifying service must
have occurred between 9 May 1945 and 5 May 1955 and the European-African-
Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.
The Army of Occupation Medal with Germany Clasp is also authorized for
service in the Army of Occupation of Berlin between 9 May 1945 and
2 October 1990.  Service between 9 May 1945 and
8 November 1945 will be counted only if the European-African-Middle Eastern
Campaign Medal was awarded for service before 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant served a
period of qualifying service in Germany (9 May 1945 and 5 May 1955) or
Berlin (9 May 1945 and 2 October 1990) or met the additional criteria of
having been awarded the European-African-Middle Eastern Campaign Medal
prior to 9 May 1945.  Therefore, there is insufficient evidence on which to
base award of the Army of Occupation Medal with Germany Clasp in this case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 7 July 1961; therefore, the time for the applicant
to file a request for correction of any error expired on 6 July 1964.  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

CG_____  _JG_____  _PT_____  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.




                                  ___Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000560                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0060                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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