IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100015278
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 a "Berlin or Germany Campaign Ribbon."
2. The applicant states he was stationed in Berlin, Germany, in 1969 and 1970 and believes he is entitled to an award. He was unaware that the award is not on his discharge document until he recently tried to join the Veterans of Foreign Wars, which requires overseas service during a time of war.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted into the Army of the United States on 22 January 1969. He was trained in and awarded military occupational specialty 94B (Cook). After completing 1 year, 11 months, and 22 days of active military service, he was honorably released from active duty on 11 January 1971.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.
4. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) the applicant served in Germany from 6 July 1969 to 11 January 1971. Item 38 (Record of Assignments) shows he was assigned for duty with Battery A, 5th Battalion, 6th Artillery, during his service in Germany.
5. Assignment orders in the applicant's record show his unit in Germany was served by Army Post Office (APO) 09227. Historical APO records show APO 09227 was located in Kaiserslautern, Germany.
6. The record is void of documentation showing the applicant served in Berlin.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. The regulation shows no campaign ribbons or medals were authorized for service in Germany during the applicant's military service.
8. Army Regulation 600-8-22 states 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 in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for award of a "Berlin or Germany Campaign Ribbon."
2. The Army's inventory of awards and decorations does not include a campaign ribbon with criteria covering the applicant's service in Germany. Therefore, he is not entitled to award of a campaign ribbon for his service in Germany.
3. The Army of Occupation Medal with Germany Clasp was awarded for qualifying service in Berlin. However, there is no documentary evidence showing the applicant served in Berlin. Therefore, he is not entitled to this award.
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 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) AR20100015278
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ABCMR Record of Proceedings (cont) AR20100015278
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