IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012939
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 April 1968 to show:
a. he served in Berlin, Germany; and
b. award of the Army of Occupation Medal with Germany Clasp (Berlin) and the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states this DD Form 214 does not show all awards or decorations.
3. The applicant provides no documentary evidence.
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 enlisted in the Regular Army on 19 December 1963 for a period of 3 years. He was awarded military occupational specialty 951.00 (military policeman). On 20 April 1965, he was honorably discharged for immediate reenlistment. His reenlistment document shows he reenlisted on 21 April 1965 for a period of 3 years and for assignment with the 287th Military Police Company, Berlin Brigade.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 287th Military Police Company, Army Post Office (APO) 09742 (APO for Berlin) from 27 April 1965 to 6 September 1966.
4. On 22 April 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
5. His DD Form 214 for the period ending 22 April 1968 does not show the Army of Occupation Medal with Germany Clasp (Berlin) or the AFEM as authorized awards.
6. 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. 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. 1990.
7. Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for
30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. The period of qualifying service for award of the AFEM in Berlin is 14 August 1961 to 1 June 1963.
8. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command, there is no basis for granting his request to show he served in Berlin, Germany on his DD Form 214.
2. The evidence of record shows he was assigned to Berlin, Germany, during the period 1965/1966; therefore, he served a period of qualifying service for award of the Army Occupation Medal with Germany Clasp (Berlin). His DD Form 214 for the period ending 22 April 1968 should be corrected to show this medal.
3. He did not serve a period of qualifying service in Berlin (14 August 1961 to
1 June 1963) for award of the AFEM. Therefore, there is insufficient evidence on which to base award of this medal.
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 the Army of Occupation Medal with Germany Clasp (Berlin) to his DD Form 214 for the period ending 22 April 1968.
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 amending his DD Form 214
for the period ending 22 April 1968 to show a duty assignment in Berlin or award of the AFEM.
_______ _ _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) AR20120012939
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ABCMR Record of Proceedings (cont) AR20120012939
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