IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110017173 


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 his DD Form 214 (Report of Separation from Active Duty) be corrected to show the Army Commendation Medal (ARCOM) and Army of Occupational Medal with Germany Clasp.

2.  The applicant states he served in West Berlin, Germany from 1975 to 1976.  He was awarded the ARCOM for capturing the most wanted person in Germany at the time, or so the citation reads.  His DD Form 214 does reflect the time he served in Germany and the Military Police (MP) Company he was proud to serve with during that time frame.  He wants to ensure that he will be accepted by the Veterans of Foreign Wars.  He recently applied and they are reviewing his application.

3.  He provides a copy of his DD Form 214.

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 records show he enlisted in the Regular Army, in pay grade E-1, on 26 February 1973.  He completed training and was awarded military occupational specialty 95B (MP).  He served in Germany from 5 January 1975 through 15 February 1976.  He was assigned to the 287th MP Company, Berlin Brigade, Germany.

3.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) lists the:

* National Defense Service Medal
* Army of Occupational Medal (Berlin)
* Army Good Conduct Medal (1st Award)

4.  He was honorably released from active duty in pay grade E-4 on 18 February 1976 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completion of 2 years, 11 months, and 23 days of net active service and no time lost.

5.  Item 11 of his DD Form 214 shows the 287th MP Company, USAREAUR (U.S. Army Europe).  Item 12f of this form credits him with 1 year, 1 month, and 13 days of foreign service.  Item 26 of this form lists the National Defense Service Medal and the Army Good Conduct Medal.

6.  There are no orders in his military records showing he was authorized or awarded the ARCOM during his period of service in Germany.

7.  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.

8.  Army Regulation 600-8-22 also states the Overseas Service Ribbon is awarded for successful completion of an overseas tour.

9.  Army Regulation 600-8-22 further states the Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Berlin, Germany, 5 January 1975 through 15 February 1976 and completed a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp.  Item 9 of his DA Form 2-1 lists this award.  Therefore, he is in entitled to this award and its addition to his DD Form 214.

2.  The evidence of records also confirms he completed a qualifying period of service for award of the Overseas Service Ribbon.  Therefore, it would also be appropriate to add this award to his DD Form 214.

3.  His contention that he was awarded the ARCOM is acknowledged; however, he provided no orders showing he was awarded the ARCOM.  No evidence was found in his service personnel record to support the addition of this award to his DD Form 214.  Therefore, he is not entitled to correction to his DD Form 214 to show this award.

4.  In view of the foregoing, her records should be corrected as recommended below.

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 adding to Item 26 of the applicant's DD Form 214 the Army of Occupation Medal with Germany Clasp and the Overseas Service Ribbon.

2.  The Board further determined that 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 adding to Item 26 of his DD Form 214 the Army Commendation Medal.  



      _______ _   _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)                                         AR20110017173





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ABCMR Record of Proceedings (cont)                                         AR20110017173



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