IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080009996
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Army of Occupation Medal with Germany Clasp.
2. The applicant states that he served with the Berlin Brigade in the Federal Republic of Germany during the period from October 1981 to October 1983. This service qualified him for award of the Army of Occupation Medal.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 9 September 1980, the applicant enlisted in the Regular Army for 5 years. He completed his initial training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). He also completed subsequent training for award of MOS 91J (Physical Therapist).
3. On 3 October 1981, the applicant was assigned for duty as a physical therapist with the Berlin Medical Activity, Berlin Brigade. He served in this duty until 25 September 1983, when he returned to the United States for duty with Walter Reed Army Medical Center, Washington, D.C.
4. On 28 November 1985, the applicant was assigned for duty with the 97th General Hospital in the Federal Republic of Germany. He returned to the United States on 19 November 1988.
5. On 31 December 1988, the applicant was assigned for duty as a physical therapist at Madigan Army Medical Center, Fort Lewis, Washington.
6. On 1 May 1992, the applicant was discharged with an honorable characterization of service. He had attained the rank of staff sergeant, pay grade E-6, and had completed 11 years, 7 months, and 23 days of creditable active duty service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 list his awards as the National Defense Service Medal, Army Achievement Medal, Army Good Conduct Medal (three awards), Army Service Ribbon, Overseas Service Ribbon (two awards), Noncommissioned Officer Professional Development Ribbon [with Numeral Two], Expert Marksmanship Qualification Badge with Rifle Bar, and the Army Lapel Button. It does not show award of the Army of Occupation Medal with Germany Clasp.
8. Army Regulation 600-8-22 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. 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 contends that his service with the Berlin Brigade qualified him for award of the Army of Occupation Medal with Germany Clasp.
2. The evidence shows that the applicant served with the Berlin Brigade during a qualifying period for award of the Army of Occupation Medal with Germany Clasp. Therefore, his records should be corrected to show this award.
BOARD VOTE:
____X___ ___X____ ___X___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army of Occupation Medal with Germany Clasp.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009996
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