IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110010044
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 (AOM) with Germany Clasp and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Germany.
2. He states he has been a member of the Veterans of Foreign Wars (VFW) Post 1628 since its inception in 1969 and now his service in Germany is being challenged. He went to Germany 30 days early in the advanced party and he was never awarded the AOM with Germany Clasp.
3. He provides copies of:
* his DD Form 214
* his VFW certification document
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. His record shows he enlisted in the Regular Army on 10 April 1961 for 2 years. After the completion of training, he served in military occupational specialty 760.00 (Supply Specialist).
3. His DA Form 24 (Service Record) shows the following:
a. in section 4 (Chronological Record of Military Service) that he was assigned to Headquarters Company, 1st Battle Group, 38th Infantry Regiment, during his tour of duty in Germany and
b. in section 5 (Service Outside Continental United States) that he departed Turner Air Force Base, GA, on 16 October 1962 and arrived in Germany on the same day. He departed Germany on 2 April 1963 and arrived in Charleston, SC, on 3 April 1963.
4. His record contains a DD Form 735 (Health Record Abstract of Service) which shows he was assigned to Headquarters Company, 1st Battle Group, 38th Infantry Regiment, and this unit was serviced by the dental clinic in Baumholder, Germany.
5. His DD Form 214 shows he was honorably released from active duty on 8 April 1963 and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 24c (Foreign and/or Sea Service) of this form shows he completed 5 months and 18 days of foreign service; however, the overseas theater was not entered.
6. The applicant provides a copy of a VFW certificate which shows his membership began on 2 March 1969. This form also shows his foreign service in Germany began on 17 September 1962 and ended 7 April 1963.
7. Army Regulation 600-8-22 (Military Awards) states that qualifying service for award of the AOM with Germany Clasp must have occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. The AOM with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
8. Army Regulation 635-5 (Separation Documents), effective 11 January 1960, stated that item 24c would reflect the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Item 24c of the applicant's DD Form 214 properly credits him with 5 months and 18 days of foreign service.
2. His record does not contain any evidence and he has not provided sufficient evidence to show his unit occupied Berlin during his tour in Germany. The evidence shows his unit served in Baumholder, Germany, and as such, he is not entitled to award of the AOM with Germany Clasp.
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) AR20110010044
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ABCMR Record of Proceedings (cont) AR20110010044
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