IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100013788 


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 his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army of Occupation Medal with Germany Clasp.

2.  He states his DD Form 214 reflects his Army of Occupation Medal with Japan Clasp for his duty in Japan in 1950.  He adds that he was transferred to Germany on or about 19 October 1952 and reenlisted in Stuttgart, Germany on 10 June 1953.

3.  He provides 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 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.  His military record is 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 on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214 provided by the National Personnel Records Center.

3.  His DD Form 214 covering the period 10 June 1953 through 16 March 1954 contains the following pertinent information:

* Item 19 (Date and Place of Entry into Active Service) shows he reenlisted in the Regular Army on 10 June 1953 in Stuttgart, Germany
* Item 22 (Net Service Completed for Pay Purposes This Period) shows he completed 9 months and 3 days of active duty service during this period
* Item 23 (Other Service) shows he had 4 years, 8 months, and 18 days prior service, but does not specify the specific period(s) of time
* Item 26 (Foreign and/or Sea Service) shows he had 7 months and 21 days of foreign and/or sea service during this period
* Item 27 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) shows award of the:

* National Defense Service Medal
* United Nations Service Medal
* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with 6 bronze campaign stars

* Item 28 (Most Significant Duty Assignment) shows his most significant assignment was to A Battery, Automatic Weapons Battalion, 91st Antiaircraft Artillery Group (Mechanized)
* Item 6 (Effective Date of Separation) shows he was discharged on 16 March 1954
* Item 9 (Place of Separations) shows he was discharged from the Transfer Station located at Fort Knox, KY

4.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows the 91st Antiaircraft Artillery Group (Mechanized) was credited with the occupation of Germany during the period 2 May - 27 December 1945.

5.  Army Regulation 600-8-22 (Military Awards) further states that for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Army of Occupation Medal with Germany Clasp was carefully considered and determined to lack merit.

2.  Although evidence shows he was in Stuttgart, Germany at the time of his 10 June 1953 enlistment, Department of the Army Pamphlet 672-1 does not credit his unit with performing occupation duties during his period of service in Germany.  It shows his unit was credited with the occupation of Germany during the period 2 May - 27 December 1945.  His record is void of any evidence and he has not provided any evidence showing he was assigned to the unit during this period of time or that his unit performed occupation duties at the time he was in Germany.

3.  Based upon the foregoing, he is not eligible for correction of his DD Form 214 to show award of the Army of Occupation Medal with Germany Clasp.  This action in no way diminishes the sacrifices made by him in service to our Nation.  He and all Americans should be justifiably proud of his service in arms.

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)                                         AR20100013788





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ABCMR Record of Proceedings (cont)                                         AR20100013788



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