IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100014800
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 (Certificate of Release or Discharge from Active Duty) to show award of the Army of Occupation Medal.
2. The applicant states he served on active duty in Berlin, Germany with the 43rd Chemical Detachment, Combat Support Battalion, Berlin Brigade.
3. The applicant provides copies of his DD Form 214, Certificate of Achievement, and Certificate of Appreciation.
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. On 3 September 1986, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 54B (Chemical Operations Specialist).
3. On 27 February 1987, the applicant was assigned to the 43rd Chemical Detachment, located in Berlin, Germany.
4. The Certificate of Achievement, Combat Support Battalion, Berlin Brigade, dated 20 November 1987, provided by the applicant shows that he was recognized for meritorious achievement during the period 9 to 23 October 1987 while serving as a member of the third squad of the 43rd Chemical Detachment.
5. The Certificate of Appreciation, Berlin Brigade, dated 31 March 1988, provided by the applicant was awarded to him for his dedicated and professional service to the Berlin Brigade.
6. On 2 June 1988, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4, and had completed 1 year and 9 months of creditable active duty service.
7. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Service Ribbon, Army Commendation Medal, Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
8. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows in Item 9 (Awards, Decorations and Campaigns): Army Service Ribbon and the Army of Occupation Medal.
9. Army Regulation 600-8-22 (Military Awards) authorizes award of the Army of Occupation Medal for the occupation of Berlin between 9 May 1945 and
2 October 1990.
10. Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Army of Occupation Medal.
2. The evidence of record clearly shows that the applicant served during a qualifying period for award of the Army of Occupation Medal. Therefore, this award should be shown on his DD Form 214.
3. The applicants records clearly show that he distinguished himself in the performance of his military service as evidenced by his receiving an Army Commendation Medal, Certificate of Achievement, and a Certificate of Appreciation. Furthermore, there is no evidence showing that the applicant's commander took any action to deny him award of the Army Good Conduct Medal. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal for the period 3 September 1986 to 2 June 1988; and
b. showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal and the Army of Occupation Medal.
_______ _ _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) AR20100014800
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100014800
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110020087
He states he served on active duty during a qualifying period for the NDSM and he was assigned to the U.S. Army Berlin Brigade for sufficient time to qualify for the Army of Occupation Medal. His records show he served on active duty during a qualifying period authorized for the NDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM and Army of Occupation Medal with Germany Clasp to his DD Form 214.
ARMY | BCMR | CY2008 | 20080009996
Application for correction of military records (with supporting documents provided, if any). On 3 October 1981, the applicant was assigned for duty as a physical therapist with the Berlin Medical Activity, Berlin Brigade. The evidence shows that the applicant served with the Berlin Brigade during a qualifying period for award of the Army of Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2014 | 20140003561
Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. The applicant served during a qualifying period of service in Berlin and is entitled to have that award added to her DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AFEM and AOM (Germany) to her DD...
ARMY | BCMR | CY2012 | 20120012530
Chapter 2 states: * Items 4a and 4b show the active duty rank/grade held at the time of separation * Item 12h shows the effective date of pay grade * Item 12c (Net Active Service During This Period) shows the total active duty completed between the date entered on active duty and the date separated from active duty * Item 13 shows awards and decorations * Item 14 shows formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the...
ARMY | BCMR | CY2005 | 20050004987C070206
The applicant requests correction of his records to show award of the Army Commendation Medal, the Army Good Conduct Medal (3rd Award), the Army Occupation Medal, and the Overseas Service Ribbon (Numeral 3). The applicant requested correction of his records to show award of the Army Commendation Medal. There is no evidence that shows he served a period of qualifying service in Berlin for award of the Army of Occupation Medal (Germany).
ARMY | BCMR | CY2014 | 20140017216
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and the Army of Occupation Medal with Germany Clasp. The evidence of record contains two letters of appreciation confirming that the applicant participated in the REFORGER 1977 and WINTEX/CIMEX 79 exercises. As such, there is insufficient evidence to add this marksmanship badge to his DD Form 214.
ARMY | BCMR | CY2004 | 20040003727C070208
The applicant requests, in effect, that item 38 of his DA Form 20 (Enlisted Qualification Record) be corrected to show his correct principal duties; that he be awarded the Armed Forces Expeditionary Medal (AFEM), the Bronze Star Medal (BSM), the Combat Infantryman Badge (CIB), the Air Medal, and two awards of the Army Commendation Medal (ARCOM); that his NGB Form 21 (sic, presumably means the NGB Form 22) be corrected to reflect that he was twice chosen as Battery Soldier of the Year and...
ARMY | BCMR | CY2008 | 20080017870
The applicant requests, in effect, that his 31 October 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include award of the Meritorious Service Medal and the Bronze Star Medal (2nd Award). The applicant's 13 April 1972 DD Form 214 shows his awards as the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge (M-14 and M-16 Rifles), and...
ARMY | BCMR | CY2011 | 20110013923
The applicant requests award of the Army of Occupation Medal for Berlin and the Korea Defense Service Medal. The applicant requests award of the Army of Occupation Medal for Berlin and the Korea Defense Service Medal. The evidence shows the applicant served in Germany from 2 January 1987 to 18 January 1990; however, there is no evidence that his service in Germany qualifies him for award of the Army of Occupation Medal.
ARMY | BCMR | CY2008 | 20080011352
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 February 1987 be corrected to add a medal for the Occupation of Berlin and to show additional foreign service. The applicant provides his DD Form 214 for the period ending 9 February 1987; an undated statement, subject: To Whom It May Concern; an Application for MFO Medals; a DD Form 1610 (Request and Authorization for TDY (temporary duty) Travel of DOD (Department of...