IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080011352
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 February 1987 be corrected to add a medal for the Occupation of Berlin and to show additional foreign service.
2. The applicant states that he served in Germany for 5 months and 23 days, but he also served in Egypt for 179 days.
3. The applicant provides his DD Form 214 for the period ending 9 February 1987; an undated statement, subject: To Whom It May Concern; an Application for MFO Medals; a DD Form 1610 (Request and Authorization for TDY (temporary duty) Travel of DOD (Department of Defense) Personnel; and Movement Orders.
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 applicants complete records from his first period of Regular Army service are not available. Items 5 (Oversea Service) of his DA Forms 2-1 (Personnel Qualification Record) from his subsequent Regular Army and Army National Guard service do not show that he served any overseas service.
3. The applicant enlisted in the Regular Army on 28 February 1983.
4. The applicant provided a DD Form 1610 that shows he was sent on TDY with the Sinai Multi-National Peacekeeping Force and Observers for 179 days, departing on 9 August 1983. He provided an Application for MFO Medals that shows he arrived with the MFO in August 1983 and departed in February 1984.
5. The applicant provided Movement Orders showing he was authorized to travel from Helmstedt, Germany to Berlin, Germany from 15 September 1985 to 31 October 1985.
6. The applicant was honorably released from active duty on 9 February 1987. Item 12h (Foreign Service) of his DD Form 214 for the period ending 9 February 1987 shows he served 5 months and 23 days of foreign service. This DD Form 214 shows he was awarded the Army Service Ribbon, the Army Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Multi-National Force and Observers Medal.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 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 Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicants DA Forms 2-1 do not show that he served in Germany. However, his statement that his DD Form 214 for the period ending 9 February 1987 correctly shows he served 5 months and 23 days in Germany, plus the
Movement Orders he provided, tend to corroborate his assertion that he did indeed serve in Germany for that period of time. Therefore, based upon the evidence he provided that he served in the Sinai for 179 days (and although the exact dates of his service in the Sinai are not available, 179 days will be accepted as the length of service there), item 12h of his DD Form 214 should be corrected to show he served an additional 5 months and 29 days of foreign service, or a total of 11 months and 22 days.
2. However, by reason of the fact the applicant served only 5 months and 23 days of service in Germany, it does not appear that he served in Germany for a normal overseas tour but possibly was there only on a TDY.
3. The Movement Orders the applicant provided show he was authorized travel to Berlin for about a 45-day period, also indicating his period of service in Berlin was only a TDY and that Berlin was not his normal post of duty. Therefore, there is insufficient evidence to show that he met the eligibility criteria for award of the Army of Occupation Medal with Germany Clasp for his service in Berlin.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xx___ ____x___ ___xx___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12h of his DD Form 214 for the period ending 9 February 1987 to show he served 11 months and 22 days of foreign service.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to adding the Army of Occupation Medal with Germany Clasp for his service in Berlin to his DD Form 214 for the period ending 9 February 1987.
_______xxxxx_______ ___
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.
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