IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013923
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 for Berlin and the Korea Defense Service Medal.
2. The applicant states, in effect, he was in Höchst, Germany, from 1987 to 1990 with authorization to cross into East Berlin at Checkpoint Charlie. He also served in Korea from November 1992 to 1993. He inquired about joining the Veterans of Foreign Wars and he was informed that he may qualify for the above awards.
3. The applicant provides copies of:
* orders authorizing his family to travel to Germany at Government expense
* orders directing his reassignment to Fort Campbell, KY
* two documents written in German
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 is a retired first sergeant.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 5 (Oversea Service) that he was credited with service in Germany from 23 January 1987 through 18 January 1990, and service in Korea from
27 November 1992 through 22 November 1993;
b. item 9 (Awards, Decorations and Campaigns) the Army of Occupation Medal and the Korea Defense Service Medal are not listed; and
c. item 35 (Current and Previous Assignments) that he was assigned to Headquarters and Headquarters Company, 17th Signal Battalion in Germany.
4. He retired on 30 June 1995, in the rank of first sergeant. He had completed 20 years, 7 months, and 14 days of creditable active service. The Army of Occupation and Korea Defense Service Medals are not listed in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
5. Army Regulation 600-8-22 (Military Awards) states the:
a. Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990; and
b. Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Army of Occupation Medal for Berlin and the Korea Defense Service Medal. He was in Hochst, Germany, from 1987 to 1990 with authorization to cross into East Berlin at Checkpoint Charlie and he served in Korea from November 1992 to 1993.
2. The evidence of record shows the applicant served a qualifying period for award of the Korea Defense Service Medal. This medal should be listed on his DD Form 214.
3. The evidence shows the applicant served in Germany from 2 January 1987 to 18 January 1990; however, there is no evidence that his service in Germany qualifies him for award of the Army of Occupation Medal. The governing regulation requires service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards already shown on his DD Form 214 he is authorized award of the Korea Defense Service Medal.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding the applicant the Army of Occupation Medal for Berlin.
___________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) AR20110006177
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110013923
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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