BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110008324 


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 records to show he completed military police training at Fort Gordon, Georgia, and was authorized the Army of Occupation Medal with Germany Clasp (AOM).

2.  The applicant states he did not receive recognition for his service as a Military Police (MP) aboard the United States Duty Train which traveled from Berlin to Potsdam and Frankfurt for 1 year while stationed in Berlin, Germany from 1973 to 1974.

3.  The applicant provides:

* document titled "Signature Verification"
* Form 21-526 (Compensation)
* United States of America Movement Order
* Berlin Duty Train Ticket
* Certificate dated 20 February 1974
* Xeroxed photograph
* Standard Form 46 (U.S. Government Motor Vehicle Operator's
* Identification Card)
* Windows Live Hotmail Print Message


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's military record contains the DD Form 4 (Enlistment Contract-Armed Forces of the United States) completed during his enlistment processing on 15 January 1973.  It shows he enlisted for training in military occupational specialty (MOS) 95B (MP) and assignment with the Berlin Brigade.

3.  Armed Forces Examining and Entrance Station Special Orders Number 10, dated 15 January 1973, show he enlisted in the United States Army on 15 January 1973, for 3 years with an ultimate assignment to Berlin.  He was trained in and awarded MOS 95B.

4.  A DA Form 428 (Application for Identification Card) shows he was assigned for duty with the 287th MP Company on 12 June 1973.

5.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  Item 17 (Civilian Education and Military Training) that he completed Military Police training at Fort Gordon, Georgia in 1973;

	b.  Item 5 (Overseas Service) that he was assigned to Germany from 25 May 1973 to 26 November 1975; and

	c.  Item 35 (Record of Assignments) that he was assigned for duty with Headquarters and Headquarters, 3rd Brigade, 1st Infantry Division (Forward).

6.  On 14 January 1976, he was honorably released from active duty.  His DD Form 214 (Report of Separation from Active Duty) shows in:

	a.  Item 16a (Primary Specialty Number and Title) he was awarded MOS 95B, Military Policeman, in 1973.
	b.  Item 18a (Net Active Service This Period) that he completed 3 years of creditable active duty service of which 2 years, 6 months, and 2 days was foreign service.

	c.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows was awarded the National Defense Service Medal.

7.  The applicant provides a Berlin Duty Train ticket and United States of America Movement Order which authorized his travel from Berlin to Helmstedt from
20 - 23 February 1974.  He also provides a Certificate issued by United States Army Commandant, a general officer, which shows he was stationed in Berlin in connection with the Occupation of Berlin on 20 February 1974.

8.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal with Germany Clasp is awarded for service for 30 consecutive days at a normal post of duty in Berlin between 9 May 1945 and 2 October 1990.

9.  A historical listing of the 287th MP Company shows this unit assumed positive control of three checkpoints as well as actively patrolled the Autobahn between Helmstedt and Berlin.

10.  Army Regulation 635-5 (Separation Documents) as in effect at the time, provided for an entry in Item 27 (Remarks) of the DD Form 214 to show formal in-service training courses successfully completed during the period of service covered by the report.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he completed military police training at Fort Gordon, Georgia.  Item 17 of his DA Form 20 clearly shows his completion of this training.  Therefore, Item 27 of his DD Form 214 should also be corrected to show completion of this course.

2.  He also contends he should receive recognition for his service as an MP aboard the Duty Train in Berlin, or, in effect, award of the Army of Occupation Medal with Germany Clasp (AOM).  The evidence of record confirms the applicant enlisted for the Berlin Brigade enlistment option.  Subsequent to his entrance on active duty, he was issued an ID Card while assigned to a unit stationed for duty in Berlin on 12 June 1973, and he provides evidence showing he was still assigned for duty in Berlin in connection with the Occupation of Berlin on 20 February 1974.


3.  Based on his assignment in Germany from 25 May 1973 to 26 November 1975, his enlistment option, and the additional evidence in this case, it is evident the applicant completed more than 30 days consecutive service in Berlin, thereby satisfying the regulatory criteria necessary for the award of the Army of Occupation Medal with Germany Clasp.  Accordingly, it would be appropriate to correct his record at this time to show he earned 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:

	a.  awarding him the Army of Occupation Medal with Germany Clasp, and adding it to item 26 of his DD Form 214;

	b.  adding in Item 27 of his DD Form 214: Military Police course, Fort Gordon, Georgia, 1973; and

	c.  issuing him a correction to this document to show these corrections.





      _______ _   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)                                         AR20110008324





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ABCMR Record of Proceedings (cont)                                         AR20110008324



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