IN THE CASE OF:
BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090018023
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 award of the Army of Occupation Medal with Germany Clasp.
2. The applicant states that he served at the 5th General Hospital in Germany for more than a year and was honorably discharged.
3. In support of his application, the applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).
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 military records show he enlisted in the Regular Army in pay grade E-1 on 21 November 1972. He completed training and was awarded military occupational specialty 94F (Hospital Diet Cook). He served in Germany from 19 August 1974 to 13 December 1975. There is no evidence he served in Berlin.
3. He was honorably released from active duty in pay grade E-4 on 9 December 1975 and transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with 2 years, 11 months, and 17 days of net active service and 32 days of lost time due to absence without leave. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal.
4. Army Regulation 600-8-22 (Military Awards) provides 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 authorized for service with the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. The clasp is a bronze bar with the word "Germany" to denote occupation duty rendered in Europe.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant served in Germany from 19 August 1974 to 13 December 1975. However, there is no evidence he served in Berlin during the qualifying period of service. He is therefore not entitled to correction of his records to show award of the Army of Occupation Medal with Germany Clasp or its addition to his DD Form 214.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090018023
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ABCMR Record of Proceedings (cont) AR20090018023
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