IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005659
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army of Occupation Medal with Germany Clasp.
2. The applicant states he was assigned to the Berlin Brigade from 1980 through 1983 and needs his records corrected to facilitate acquisition of Department of Veterans Affairs (DVA) benefits.
3. The applicant provides a letter, dated 27 February 1980, which informed his mother that he had arrived in Berlin and was being assigned to the Berlin Brigade.
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 enlisted in the Regular Army on 12 October 1976. Upon completion of basic combat and advanced individual training he was awarded military occupational specialty 13F (Fire Support Specialist). He was honorably discharged for expiration term of service on 22 July 1983. The highest rank he attained while serving on active duty was sergeant (SGT)/E-5.
3. His record contains Orders 200-104, Headquarters, 1st Cavalry Division, Fort Hood, dated 19 September 1979, reassigning him to Headquarters and Headquarters Company, Berlin Brigade.
4. The applicants record contains DA Form 2-1 (Personnel Qualification Record) item 35 (Record of Assignments) which shows he was assigned to the Berlin Brigade for the period 7 February 1980 through 21 July 1983.
5. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows the entry, AOM (indicating the Army of Occupation Medal).
6. 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 in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 to show award of the Army of Occupation Medal with Germany Clasp has been carefully considered and found to have merit.
2. The evidence shows the applicant was assigned to the Berlin Brigade and completed a period of qualifying service for award of the Army of Occupation Medal with Germany Clasp. Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and entitled to correction of his records to show this award.
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 adding the Army of Occupation Medal with Germany Clasp to his DD Form 214.
_______ _ _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) AR20110005659
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ABCMR Record of Proceedings (cont) AR20110005659
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