IN THE CASE OF:
BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120005192
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 the Army of Occupation Medal (AOM)-Berlin be added to his 20 March 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in Berlin for 13 months and the AOM-Berlin should be added to his DD Form 214 based on this service.
3. The applicant provides a third-party letter addressed to the Chief of Staff, Army from his brother and an American Legion card in support of his request.
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 record shows the applicant was inducted into the Army of the United States on 19 August 1970, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). It also shows he was advanced to private first class (PFC)/E-3 on 8 January 1971, and that this is the highest rank he attained and held on active duty.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 28 January 1971 through 8 March 1972. Item 38 (Record of Assignments) shows that during his tour in Germany, he served in Berlin with the 2nd Battalion, 6th Infantry Regiment of the Berlin Brigade.
4. Item 41 (Awards and Decorations) of the DA Form 20 includes the AOM (Berlin) in the list of earned awards entered.
5. On 20 March 1972, the applicant was honorably released from active duty after completing 1 year, 7 months, and 2 days of active military service. The DD Form 214 he was issued at the time shows he earned the following awards:
* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 5-11 contains guidance on award of the AOM. It states it is awarded for service of 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to qualifying areas. Included in those qualify areas is Berlin during the period between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the AOM-Berlin to his DD Form 214 has been carefully considered and found to have merit.
2. By regulation, the AOM is authorized for 30 consecutive days of service in Berlin during the period between 9 May 1945 and 2 October 1990. The evidence of record confirms the applicant served in Berlin from 28 January 1971 through
8 March 1972, and that he was awarded the AOM as evidenced by an entry in item 41 of his DA Form 20. Therefore, it would be appropriate to add this award 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 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 by adding the Army of Occupation Medal-Berlin 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.
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