RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 September 2006
      DOCKET NUMBER:   AR20060002635


      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. Andrew C. Jacobs              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Maria Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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, that he be awarded the Army of
Occupation Medal with Germany Clasp.

2.  The applicant essentially states that he is entitled to award of the
Army of Occupation Medal with Germany Clasp for his service in Germany, and
that he was ordered to Germany for assignment with the 504th Antiaircraft
Artillery Detachment, 34th Antiaircraft Artillery Brigade in February 1955.
 The applicant also essentially stated that the formal occupation period
for Germany following World War II ended on 6 May 1955, and that he was on
duty with his unit in Mannheim, Germany on that date, and some months
before.

3.  The applicant provides a self-authored letter, his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge), a letter from
the National Personnel Records Center, a Cold War Certificate of
Recognition, and a membership card from the Veterans of Foreign Wars in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 September 1956, the date of his release from active duty.
The application submitted in this case is dated 14 February 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’s records show that he was commissioned a second
lieutenant in the United States Army Reserve on 28 May 1954, and entered
active duty on 26 October 1954.

4.  The applicant stated, in effect, that he was ordered to Germany in
February 1955, and also essentially stated that he was serving with the
504th Antiaircraft Artillery Detachment, 34th Antiaircraft Artillery
Brigade on 6 May 1955, and was with that unit some months before that date.
 However, the applicant’s DA Form 1059 (Academic Report) from the
Antiaircraft and Guided Missiles Branch, The Artillery School, Fort Bliss,
Texas, shows that he attended the Antiaircraft Artillery Officer Basic
Course Number 14 from 5 November 1954 to 14 March 1955.  Also, his DA Form
67-3 (Officer Efficiency Report [OER]) for the period 15 March 1955 to 30
November 1955 shows, in pertinent part, that he was in a casual/enroute
status to Germany from 15 March 1955 to 26 May 1955, and that this period
of service was essentially declared non-rated on this OER.  Further, Item
17 (Foreign Service) of the applicant’s DA Form 66 (Officer Qualification
Record) essentially shows that he did not depart the continental United
States for his assignment in Germany until 16 May 1955.  Lastly, Item 18
(Record of Assignments) of his DA Form 66 shows that he was not assigned to
the 504th Antiaircraft Artillery Detachment until 27 May 1955.

5.  During a review of the applicant’s records, it was determined that he
is entitled to correction of his DD Form 214 to show the award of the
Expert Marksmanship Qualification Badge with Carbine Bar.  Item 23
(Qualification in Arms) of the applicant’s DA Form 66 shows that he
qualified expert of the M-1 Carbine Rifle on 16 March 1956.

6.  The Army of Occupation Medal was established by War Department General
Orders 32, 1946. It is awarded, in part, for service for 30 consecutive
days at a normal post of duty (as contrasted to inspector, visitor,
courier, escort, passenger, temporary duty, or detached service) while
assigned to the Army of Occupation of Germany (exclusive of Berlin) between
9 May 1945 and 5 May 1955.  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.  The applicant contends that he should be awarded the Army of Occupation
Medal with Germany Clasp.

2.  While the Board does not doubt the veracity of the applicant’s claim
that he was assigned in Germany in February 1955, and on 5 May 1955 – the
last day of eligibility for the Army of Occupation Medal for the occupation
of Germany following World War II.  The evidence of record shows that he
didn’t depart the continental United States for his assignment in Germany
until 16 May 1955, and was not assigned to the 504th Antiaircraft Artillery
Detachment until 27 May 1955.  As there is no evidence of the applicant
serving in Germany on 6 April 1955, which was the last day someone could
obtain 30 consecutive days of service in Germany prior to the ending period
for award of the Army of Occupation Medal with Germany Clasp on 5 May 1955,
there is no basis for awarding the Army of Occupation Medal with Germany
Clasp to the applicant in this case.

3.  Evidence of record shows that the applicant qualified as an expert on
the M-1 Carbine Rifle on 16 March 1956; therefore, he is entitled to
correction of his
DD Form 214 to show the Expert Marksmanship Qualification Badge with
Carbine Bar.

4.  Evidence shows that the applicant’s records contain administrative
error which does 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 September 1956; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
25 September 1959.  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

___MT __  ___CD __  ___EM __  DENY APPLICATION (W/NOTE)

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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by correcting his DD Form 214 to show the award of the Expert
Marksmanship Qualification Badge with Carbine Bar.

3.  The Board wants to thank the applicant for the sacrifices he made in
service to the United States while serving with the United States Army
Reserve.  The applicant and all Americans should be justifiably proud of
his honorable service in arms.




                            ______ Maria Troup_____
                                      CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060002635                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19560926                                |
|DISCHARGE AUTHORITY     |AR 135-173, Sec XX                      |
|DISCHARGE REASON        |REFRAD BY REQUEST                       |
|BOARD DECISION          |DENY WITH ADMIN NOTE                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |107.0067.0000                           |
|2.                      |107.0108.0000                           |
|3.                      |110.0400.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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