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ARMY | BCMR | CY2006 | 20060011705C071108
Original file (20060011705C071108.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 March 2007
      DOCKET NUMBER:  AR20060011705


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 reconsideration of his request to be awarded the
Army of Occupation Medal (AOM) with Germany Clasp.

2.  The applicant states, in effect, that he served 30 consecutive days in
the European Theater of Operations (Germany) qualifying him for award of
the AOM.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces Report
of the United States Report of Transfer or Discharge), a copy of Special
Orders Number 162, a copy of Special Orders Number 165, a copy of Special
Orders Number 78, and a copy of a DA Form 1049 (Personnel Action) in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003093470, on
2 March 2004.

2.  During its original review of the applicant's case, the Board found no
evidence of record that showed the applicant was assigned to or served in
the European Theater of Operations (Germany) during the qualifying period
for award of the AOM.

3.  The applicant provides a copy of Special Orders Number 162, a copy of
Special Orders Number 165, a copy of Special Orders Number 78, and a copy
of a DA Form 1049 (Personnel Action) as new evidence in support of his
request for the AOM.

4.  The applicant's DD Form 214 shows that he enlisted into the Army of the
United States on 4 October 1955.  He was awarded the military occupational
specialty (MOS) Signal Supply and Parts Specialist (765.60).  The highest
rank he attained while serving on active duty was Sergeant (SGT).

5.  Item 24 (Foreign and/Or Sea Service) of the applicant's DD Form 214
shows that he served a total of 3 years, 5 months, and 2 days in foreign
and/or sea service.


6.  Special Orders Number 162, Headquarters, 307th Communication
Reconnaissance Battalion, APO 169, dated 7 October 1954, shows that the
applicant’s classification was changed on 7 October 1954 while assigned to
a unit in Germany.

7.  Special Orders Number 165, Headquarters, 307th Communication
Reconnaissance Battalion, APO 169, dated 13 October 1954, show that the
applicant was promoted to corporal (temporary) while assigned to the same
unit in Germany.

8.  Special Orders Number 78, Headquarters, 307th Communication
Reconnaissance Battalion, APO 169, dated 20 June 1955, show that the
applicant was promoted to sergeant (temporary) while assigned to the same
unit in Germany.

9.  Item 1 of the applicant’s DA Form 1049, show that the applicant applied
for a six month Extension of Foreign Service (FSTE) of a tour he began
serving on
21 November 1953 and was scheduled to complete on 21 October 1956.

10.  Item 5 of the DA Form 1049 show that the applicant’s request for a six
month FSTE was approved.

11.  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.  Personnel serving as an
inspector, courier, and escort on 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the AOM with
Germany Clasp.

2.  Evidence shows that the applicant served a qualifying period of service
for award of the Army of Occupation Medal with Germany Clasp.  Therefore,
he is entitled to correction of his records to show this award.





BOARD VOTE:

__KAN __  ___DKH_  __LMD__  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
amendment of the ABCMR’s decision in Docket Number AR2003093470 on
2 March 2004.  As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by awarding him the
Army of Occupation Medal with Germany Clasp and providing him a correction
to his separation document that includes this award.




                                     _Kathleen A. Newman_
                                            CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20060011705                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/20                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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