BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120003406
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 with Germany Clasp for his service in Berlin and its addition to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was stationed in Berlin on 180 day orders and he was awarded the Army of Occupation Medal with Germany Clasp. However, the award is not listed on his DD Form 214. He still has the order sending him to Berlin. Based on this award he was eligible to join the Veterans of Foreign Wars (VFW). He needs the medal added to his DD Form 214 to remain a member of the VFW.
3. The applicant provides copies of his orders for Berlin and 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 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. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 30 July 1979. He completed training and was awarded military occupational specialty 73C (Finance Specialist).
3. He served in Germany from 24 November 1979 through 2 March 1984.
4. He provides a copy of Orders 46-16, dated 1 April 1982, showing he was reassigned to the Helmstedt Support Detachment, Army Post Office New York 09742 (Andrews Barracks, Berlin), for a period not to exceed 180 days, with a reporting date of 5 April 1982.
5. He served continuously on active duty through several reenlistments until he was honorably discharged in pay grade E-5 on 27 October 1988. He was credited with completing 9 years, 2 months, and 28 days of active service and 4 years and 4 months of foreign service. His DD Form 214 lists the:
* Army Service Ribbon
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Drivers Badge with "W" Tab
* Noncommissioned Officer Professional Development Ribbon with Numeral 1
6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 does not list the Army of Occupation Medal.
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 in 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant served in Germany from 24 November 1979 through 2 March 1984 and served in Berlin, Germany, from on or about 5 April 1982 for about 180 days, and completed a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp. Therefore, he is in entitled to this award and its addition to his DD Form 214.
2. In view of the foregoing, his records should be corrected as recommended below.
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 adding to the applicant's DD Form 214 the Army of Occupation Medal with Germany Clasp.
_______ _ 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.
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