IN THE CASE OF:
BOARD DATE: 17 MARCH 2009
DOCKET NUMBER: AR20080016525
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 Transfer or Discharge) to show award of the National Defense Service Medal and the Army of Occupation Medal with Germany Clasp.
2. The applicant states, in effect, that the National Defense Service Medal is awarded for service from 1 January 1961 to 14 August 1974. He also contends that the Army of Occupation Medal for his service in Berlin, Germany was omitted from his DD Form 214.
3. The applicant provides two applications and a copy of his DD Form 214.
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 was inducted on 14 July 1959. He served as an artillery surveyor and was released from active duty on 7 July 1961.
3. The applicants DD Form 214 shows the Good Conduct Medal as an authorized award. Item 24 (Foreign and/or Sea Service) on his DD Form 214 shows he served 1 year, 7 months, and 3 days of foreign service.
4. Section 5 (Service Outside Continental United States) on the applicants DA Form 24 (Service Record) shows he served in Frankfurt, Germany from
7 December 1959 until approximately 7 July 1961.
5. There is no evidence of record which shows the applicant served in Berlin, Germany.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
7. Army Regulation 600-8-22 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. The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
2. Although the applicant contends that he served in Berlin, Germany, his service record shows that he served in Frankfurt, Germany. There is no evidence of record, and the applicant has provided no evidence, which shows he served in Berlin, Germany between 9 May 1945 and 2 October 1990 as a normal place of duty. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show award of the Army of Occupation Medal with Germany Clasp.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ _____X___ ____X____ 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 adding the National Defense Service Medal on his DD Form 214.
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 award of the Army of Occupation Medal with Germany Clasp.
_______ _ _XXX______ ___
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) AR20080016525
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