BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018596
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:
* he was authorized to wear the German Occupation Medal during his service in Germany
* he served with the 60th Field Artillery Battalion in Heilbronn, Germany, for 18 months
* his pay records should show where he served
* he wants to join the Veterans of Foreign Wars and this medal is required
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.
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 are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 16 November 1954. He trained as a field communications crewman. He was released from active duty on 14 November 1956 and transferred to the U.S. Army Reserve to complete his remaining service obligation.
4. Item 2 (Last Duty Assignment and Major Command) of the his DD Form 214 shows Headquarters and Headquarters Battery, 60th Field Artillery Battalion, 9th Infantry Division. His DD Form 214 shows the Army Good Conduct Medal as an authorized award. His DD Form 214 also shows he served 1 year, 6 months, and 16 days of foreign service.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II and the Korean War. This pamphlet shows the 60th Field Artillery Battalion, 9th Infantry Division, did not receive occupation credit for Germany during the period 16 November 1954 to 14 November 1956.
6. Army Regulation 600-8-22 (Military Awards) 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. 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:
The applicant contends he was authorized to wear the German Occupation Medal during his service in Heilbronn, Germany, with the 60th Field Artillery Battalion. However, Department of the Army Pamphlet 672-1 shows the 60th Field Artillery Battalion, 9th Infantry Division, did not receive occupation credit for Germany during the period 16 November 1954 to 14 November 1956. Therefore, 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) AR20090018596
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ABCMR Record of Proceedings (cont) AR20090018596
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