IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110020087
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 correction of his records to show award of the National Defense Service Medal (NDSM) and the Army of Occupation Medal with Germany Clasp.
2. He states he served on active duty during a qualifying period for the NDSM and he was assigned to the U.S. Army Berlin Brigade for sufficient time to qualify for the Army of Occupation Medal.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a Form 1385-R (Statement).
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. His military records show he enlisted in the Regular Army on 24 October 1984. He reenlisted in the Regular Army on 18 March 1988 for a period of 4 years.
3. His DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Company C, 5th Battalion, 502nd Infantry Regiment (Rifle), Berlin Brigade, during the period 9 February 1985 to 7 February 1987 while stationed in Germany.
4. He was discharged from active duty on 21 November 1990. He completed 6 years and 28 days of creditable active service during this period.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
b. The 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.
c. For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. 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.
DISCUSSION AND CONCLUSIONS:
1. His records show he served on active duty during a qualifying period authorized for the NDSM. As such, he is entitled to award of the NDSM and to have this award added to his DD Form 214.
2. His records show he served in the 5th Battalion, 502nd Infantry, Berlin Brigade, in Berlin, Germany during a qualifying period authorized for the Army of Occupation Medal with Germany Clasp. As such, he is entitled to have this award added to his DD Form 214.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 NDSM and 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) AR20110020087
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ABCMR Record of Proceedings (cont) AR20110020087
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