IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100008987 


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 correction of item 7 (Last Duty Assignment and Major Command) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Headquarters and Support Company (H&S Co), U.S. Army Europe (USAREUR), was in the Berlin Brigade.  He also requests that his Overseas Service Ribbon be changed to the Berlin Occupation Medal.

2.  The applicant states his DD Form 214 was typed incorrectly.

3.  The applicant provides a copy of his DD Form 214 and DA Form 2-1 (Personnel Qualification Record).

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 on
18 February 1981, he was awarded military occupational specialty (MOS) 75B (personnel administration specialist), and he was promoted to pay grade E-5.

3.  His DA Form 2-1 shows that he served as a personnel and administration center (PAC) clerk assigned to "ADMIN CO SPT BN [Administration Company, Support Battalion] BERLIN BDE GE [Germany]," from 17 July 1984 through 23 November 1987.

4.  On 25 November 1987, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service.  Item 7 of his DD Form 214 shows the entry "H&S CO CBT SPT BN USAREUR E4."  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Overseas Service Ribbon but not the Army of Occupation Medal.

5.  Army Regulation 600-8-22 (Military Awards), paragraph 5-11, states the Army of Occupation Medal for Berlin is awarded for service for 30 consecutive days at a normal post of duty while assigned to designated geographical area of military occupation.  Assignment to West Berlin during the period between 9 May 1945 and 2 October 1990 qualifies for award of the Army of Occupation Medal with Germany Clasp.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 7, enter the Soldier's last unit of assignment, major command, and the corresponding two character assignment code shown in Army Regulation 680–29 (Military Personnel, Organization, and Type of Transaction Codes), paragraph 2–4 (Command Assignment Code).

7.  Army Regulation 680-29, paragraph 2-4, in effect at the time, states this code applies to the Standard Installation/Division Personnel System (SIDPERS) organizational master files.  It is used to identify the command proponent of a unit's authorization document.  Data code "E4" referred to units assigned to the Berlin Brigade.

8.  Army Regulation 6356-200 also states the Army of Occupation Medal is awarded for service for the prescribed period with a unit which has been designated in DA general orders as having met the requirement for the Berlin Airlift Device.  The Berlin Airlift Device is awarded for service of 92 consecutive 

days with a unit credited with participation in the Berlin airlift, or by competent field authority on an individual basis. Qualifying service must have been entirely within the period from 26 June 1948 to 30 September 1949, inclusive. Orders announcing award of the Berlin Airlift device will specifically award the Army of Occupation Medal to persons not otherwise eligible therefor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit is incorrectly listed on his DD Form 214; however, his major command is correctly listed as USAREUR.  Item 7 also contains the code "E4" which refers to the unit's assignment to the Berlin Brigade.  However, there are no provisions to enter intermediate commands by name on a Soldier's DD Form 214.  Therefore, it would be appropriate to amend item 7 of his DD Form 214 to show his unit as "ADMIN CO SPT BN USAREUR E4."

2.  The applicant served a qualifying period of service in Berlin for the Army of Occupation Medal with Germany Clasp.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant did not serve a qualifying period for award of the Army of Occupation Medal with Berlin Airlift Device.  Therefore, he is not entitled to this award.

4.  In view of the foregoing, it would be appropriate to correct the applicant's records as recommended below.

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:

   a.  deleting from item 7 of his DD Form 214 the entry " H&S CO CBT SPT BN USAREUR E4" and replacing it with the entry  "ADMIN CO SPT BN USAREUR E4"; and
   
   b.  adding to item 13 of his DD Form 214 the Army of Occupation Medal with Germany Clasp.

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 to item 7 the entry "Berlin Brigade" and adding to item 13 the Army of Occupation Medal with Berlin Airlift Device in lieu of the Overseas Service Ribbon.



      ___________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)                                         AR20100008987



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ABCMR Record of Proceedings (cont)                                         AR20100008987



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