IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080010161
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 DD Form 214 (Report of Separation from Active Duty) to show that he was awarded the Army of Occupation Medal, with Germany Clasp.
2. The applicant states, in effect, that his DD Form 214 should show that he was awarded the Army of Occupation Medal, with Germany Clasp, which was not afforded to him. He was stationed in Germany during his active duty.
3. The applicant provides a copy of his DD Form 214 and a copy of his DA Form 2-1 (Personnel Qualification Record Part II) in support of his request.
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. The applicant's record shows he enlisted in the Regular Army on 28 May 1976. He was trained as a Generator Construction Equipment Operator, in military occupational specialty (MOS) 67F. He was promoted to private first class (PFC/E-3) effective 20 March 1979. He served in Germany from 26 April 1978 to 20 May 1979. He served until he was honorably discharged on 21 May 1979.
3. The applicants DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge, with hand grenade, and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16 Rifle). His DD Form 214 does not show any additional awards.
4. Item 35 (Record of Assignment), of his DA Form 2-1 (Personnel Qualification Record Part II), shows he served with the 503rd Engineer Company, during his service in Germany.
5. 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. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany service must have been between 9 May 1945 and 5 May
1955 and the European-African-Middle Eastern (EAME) Campaign Medal must
have been awarded prior to 9 May 1945.
DISCUSSION AND CONCLUSIONS:
The evidence provided by the applicant failed to show that he was entitled to or awarded the Army of Occupation Medal, with Germany Clasp. The evidence also failed to show that he served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp. Therefore, there is insufficient evidence to correct his records to show that he was awarded the Army of Occupation Medal, with Germany Clasp.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ___x____ 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.
_______ _ 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) AR20080010161
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