IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010709
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 addition of the Germany Clasp to the Army of Occupation Medal shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states she was awarded the Army of Occupation Medal for service in Berlin but the Germany Clasp is not shown on her DD Form 214.
3. The applicant provides copes of her Certificate of Clearance, a Letter of Commendation, permanent change of station orders to Berlin, and photocopies of the front and back of the Army of Occupation Medal.
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 enlisted in the Regular Army on 9 November 1979, completed training as satellite communication equipment repairer, and was posted to Germany in March 1981.
3. Her DA Form 2-1 (Personnel Qualification Record-Part II) shows she was:
a. assigned to Berlin for 24 months (1981-1983); and
b. awarded or authorized the:
* Army of Occupation Medal
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal
* Overseas Service Ribbon
* Army Good Conduct Medal 1st Award)
4. She was released from active duty on 8 November 1983. Her DD Form 214 lists her authorized awards as the:
* Army of Occupation Medal
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have between 9 May 1945 and 5 May 1955 and for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service in Berlin in 1981-1983 qualifies for the Army of Occupation Medal with Germany Clasp.
2. Her DD Form 214 should be corrected to show the Army of Occupation Medal with Germany Clasp.
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:
a. deleting from her DD Form 214 the Army of Occupation Medal; and
b. adding to her 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.
ABCMR Record of Proceedings (cont) AR20130010709
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010709
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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