RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20060009680


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. David W. Tucker               |     |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
Berlin clasp [currently known as the Army of Occupation Medal with Germany
clasp].

2.  The applicant states, in effect, that he never received the medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and copies of military
records of fellow Soldiers in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 November 1958, the date of his discharge.  The application
submitted in this case was received on 27 June 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 military records are not available 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, there were
sufficient documents remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  The applicant's DD Form 214 shows he was inducted into the Army on
7 December 1956.  He was awarded the military occupational specialty 111.10
(Light Weapons Infantryman) and his last duty assignment was with Company
A, 3rd Battle Group of the 6th Infantry, APO 742.  This form also shows the
applicant was honorably released on 25 November 1958 under the authority
for early separation of overseas returnees.

5.  This form further shows the applicant served overseas for 1 year,
6 months, and 17 days and was awarded the Good Conduct Medal.  The Army
Occupation Medal with Germany clasp in not listed on his DD Form 214.
6.  The applicant submitted three DD Forms 214 and statements from fellow
Soldiers who served with him in the same unit.

7.  The first DD Form 214 shows almost identical entries regarding last
duty assignment, military occupational specialty, overseas service, and net
service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of this form shows the Soldier
was awarded the Good Conduct Medal and the Army of Occupation Medal
(Berlin).

8.  The statement submitted along with the first DD Form 214, stated the
Soldier served with the applicant in the 6th Infantry Regiment in Berlin,
Germany.  The Soldier also stated that he served in the 6th Infantry during
the period May 1957 through November 1958.

9.  The second DD Form 214 shows almost identical entries regarding date
inducted, the effective date, the last duty assignment, military
occupational specialty, overseas service, and net service.  Item 26 of this
form shows the Soldier was awarded the Sharpshooter (Rifle), the Good
Conduct Medal, and the Army of Occupation Medal (Berlin).

10.  The statement submitted along with the second DD Form 214, stated the
Soldier served with the applicant in the 6th Infantry in Berlin, Germany.
The Soldier also stated that he served with the 6th Infantry during the
period March 1957 through November 1958.

11.  The third DD Form 214 shows almost identical entries regarding the
last duty assignment, military occupational specialty, overseas service,
and net service.  Item 26 of this form shows the Soldier was awarded the
Marksman (Rifle), the Army of Occupation Medal (Berlin), and the Good
Conduct Medal.

12.  The statement submitted along with the third DD Form 214 stated that
he served with the applicant in the 6th Infantry Regiment in Berlin,
Germany during the period June 1957 through 11 December 1958.

13.  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.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army of Occupation Medal with
Germany clasp.

2.  Evidence shows that the majority of the applicant's service was served
overseas.

3.  The applicant submitted service records from Soldiers who served with
the applicant.  Evidence shows that all three Soldiers and the applicant
have very similar service from the date of induction, the time served
overseas, the same last duty assignment, and the date of discharge.

4.  Evidence further shows that each Soldier submitted a statement
indicating they served with the applicant during their assignment with the
6th Infantry and had served in Berlin, Germany.  Evidence also shows the
three Soldiers were awarded the Army of Occupation Medal (Berlin).

5.  In view of the foregoing, it is presumed the applicant served during
the same period of service with the three Soldiers while in Berlin,
Germany.  As a matter of equity, it would be in the interest of justice to
correct the applicant's records to show that he was awarded 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 25 November 1958; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 November 1961.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

_JCR___  _REB___  __DWT___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Army of
Occupation Medal with Germany clasp.




                               _Jeffrey C. Redmann__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060009680                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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