RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 September 2007
DOCKET NUMBER: AR20070006323
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Ms. Loretta D. Gulley | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard T. Dunbar | |Chairperson |
| |Mr. Chester A. Damian | |Member |
| |Mr. Edward E. 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 reconsideration of his request to be awarded the
Army of Occupation Medal (West Berlin).
2. The applicant states, in effect, that he served in West Berlin in the
Topo (topographic) intelligence company.
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 a wall
locker, and a copy of an authorization for receipt of supplies.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file. In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's DD Form 214 shows that he enlisted in the Army of the
United States on 26 August 1958. He was awarded the military occupational
specialty (MOS) Wheel Vehicle Mechanic (631.10). The highest rank he
attained while serving on active duty was Specialist (SP4).
3. Item 24 (Foreign and/Or Sea Service) of the applicant's DD Form 214
shows that he served a total of 1 year, 11 months, and 3 days in foreign
and/or sea service.
4. Section 4 (Chronological Record of Military Service) of the applicant’s
DA Form 24 (Service Record), shows that the applicant was assigned to the
Headquarters Company, 656th Engineer Battalion, located in Schwetzingen,
Germany, from 27 July 1959 through 19 June 1961.
5. The Authorization for Receipt of Supplies shows that the applicant was
assigned to the Headquarters Company, 656th Engineer Battalion on 28 July
1960.
6. There is no indication in the record to show the applicant was assigned
to a unit in West Berlin.
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, and escort on
temporary or detached duty are precluded from eligibility. The Army of
Occupation Medal with Germany Clasp is for authorized for service in the
West Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Army of
Occupation Medal (West Berlin).
2. There is no evidence that shows the applicant served a qualifying
period of service in West Berlin nor any evidence that shows the 656th
Engineer Battalion was located or performed duties in West Berlin for award
of the Army of Occupation Medal (West Berlin). Therefore, he is not
entitled to correction of his records to show this award.
BOARD VOTE:
______ __ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___RTD_ ___CAD_ ___EEM __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
____Richard T. Dunbar____
CHAIRPERSON
INDEX
|CASE ID |AR20070006323 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/09/27 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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