IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110000043
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 for her service in Berlin and its addition to her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. She states the award is not shown on her DD Form 214, but she served at the Field Station in Berlin from July 1980 to October 1982. She also states that she has orders showing her departure from Berlin as well as her Enlisted Evaluation Report (EER) rendered while she was posted there and her orders for the Army Good Conduct Medal she received while there.
3. She provides:
* DA Form 2-1 (Personnel Qualification Record), Section VIII (Current and Previous Assignments)
* DA Form 2166-6 (EER) for the period ending June 1982
* Army Good Conduct Medal orders, dated 27 August 1982
* Permanent Change of Station orders, dated 20 September 1982
* DD Form 214
* A letter from the National Personnel Records Center
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. The applicant's military records show she enlisted in the Regular Army in pay grade E-1 on 6 September 1979. She completed training and she was awarded military occupational specialty 05K (Electronic Warfare/Signal Intelligence Non-Morse Interceptor). She served in Germany from 12 July 1980 through 7 October 1982, a period of 2 years, 2 months, and 26 days. She was assigned to Company A, U.S. Army Field Station, Berlin, Germany, from 13 July 1980 through 6 October 1982.
3. She was honorably released from active duty in pay grade E-5 on 5 September 1983 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). She was credited with completion of 4 years of net active service and 2 years, 2 months, and 26 days of foreign service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 lists the:
* Army Good Conduct Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
4. Item 9 (Awards, Decorations, and Campaigns) of her DA Form 2-1 lists the Army of Occupation Medal.
5. Army Regulation 600-8-22 (Military Awards) 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 with the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. The clasp is a bronze bar with the word "Germany" to denote occupation duty rendered in Europe.
6. Army Regulation 600-8-22 also states the Overseas Service Ribbon is awarded for successful completion of an overseas tour.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Berlin, Germany, from 13 July 1980 through 6 October 1982 and completed a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp. Item 9 of her DA Form 2-1 lists this award. Therefore, she is in entitled to this award and its addition to her DD Form 214.
2. The evidence of records also confirms she completed a qualifying period of service for award of the Overseas Service Ribbon. Therefore, it would also be appropriate to add this award to her DD Form 214.
3. In view of the foregoing, her records should be corrected as recommended below.
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 adding to Item 13 of the applicant's DD Form 214 the Army of Occupation Medal with Germany Clasp and the Overseas Service Ribbon and providing her a corrected document including these changes.
_______ _ 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) AR20110000043
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ABCMR Record of Proceedings (cont) AR20110000043
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