BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120020670
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 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army of Occupation Medal with Germany Clasp.
2. The applicant states he served as an operations noncommissioned officer and with the border troops assigned to the 2nd Squadron, 11th Armored Cavalry Regiment at Bad Kissingen, West Germany (Camp Lee) in 1977.
3. The applicant provides:
* a self-authored letter, dated 28 October 2012
* his DD Form 214 for the period ending 12 August 1984
* his request for estimated earnings during military service, dated 13 August 1990
* a letter from the Veterans of Foreign Wars of the United States, dated
23 October 2012
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 complete military records are not available to the Board for review. However, there were sufficient documents for the Board to conduct a fair and impartial review of this case.
3. With prior active service, he enlisted in the Regular Army on 10 August 1977. His military record contains enlisted evaluation reports that indicate he served with G Troop, 2nd Squadron, 11th Armored Cavalry Regiment, Bad Kissingen, West Germany, performing an active peacetime border surveillance mission along the East-West German interzonal border.
4. On 12 August 1984, he was honorably discharged at the expiration of his term of service. The DD Form 214 he was issued at the time does not show he was awarded the Army of Occupation Medal with Germany Clasp.
5. 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
a. in Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. The record confirms and the applicant states that he served in Bad Kissingen, West Germany, performing an active peacetime border surveillance mission along the East-West German interzonal border.
2. The Army of Occupation Medal with Germany Clasp is authorized for service in Germany (exclusive of Berlin) for service between 9 May 1945 and 5 May 1955. He did not serve during this period; therefore, he does not qualify for this award during this period of service.
3. Although evidence shows he served in Germany between 9 May 1945 and 2 October 1990, there is no evidence that shows he served in Berlin, Germany during a qualifying period of service for this award.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20120020670
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ABCMR Record of Proceedings (cont) AR20120020670
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