IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130020765
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) to show the Army of Occupation Medal with Berlin Clasp and the Armed Forces Expeditionary Medal.
2. The applicant states he was stationed in Berlin in 1962 and the two medals mentioned were omitted from his DD Form 214.
3. The applicant provides his 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 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 records show he enlisted in the Regular Army on 22 September 1959 and he held military occupational specialty 112.00 (Heavy Weapons Infantryman).
3. Following completion of training, he was reassigned to Germany. He was assigned to Headquarters, 2nd Battle Group, 6th Infantry Berlin, from on or about 20 February 1960 to on or about 12 September 1962.
4. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Record) shows he was awarded or authorized the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm)
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)
* Army of Occupation Medal (Berlin)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Bayonet Bar
* Good Conduct Medal (1st Award)
5. He was honorably released from active duty on 12 September 1962. His
DD Form 214 shows he was awarded or authorized the Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
b. 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. For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. 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.
c. The Army of Occupation Medal with Berlin Airlift Device is based on service which must have occurred entirely within the period 26 June 1948 to 30 September 1949. Award of the Berlin Airlift Device is announced in orders and requires 92 consecutive days with a unit credited with participation in the Berlin airlift. Those personnel not qualifying for award of the Berlin Airlift Device will be specifically announced in orders authorizing award of the Army of Occupation Medal.
d. The Armed Forces Expeditionary Medal is authorized for participants 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. Qualifying service for Berlin includes service from 14 August 1961 to 1 June 1963.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Berlin from on or about 20 February 1960 to on or about 15 December 1961. During this period of service, he was awarded or met the criteria for various awards that were inadvertently left off his DD Form 214. Therefore, his DD Form 214 should be corrected to show the following medals/badges:
* National Defense Service Medal
* Armed Forced Expeditionary Medal (Berlin)
* Army of Occupation Medal with Germany Clasp
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm)
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Bayonet Bar
2. The applicant does not meet the criteria for award of the Army of Occupation Medal with Berlin Airlift Device. This award is based on service which must have occurred entirely within the period 26 June 1948 to 30 September 1949. Award of the Berlin Airlift Device is announced in orders and requires 92 consecutive days with a unit credited with participation in the Berlin airlift. He did not meet the criteria because his service was much later than the announced eligibility dates.
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 to his DD Form 214 the:
* National Defense Service Medal
* Armed Forced Expeditionary Medal (Berlin)
* Army of Occupation Medal with Germany Clasp
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm)
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Bayonet Bar
2. The Board further determined 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 the Army of Occupation Medal with Berlin Airlift Device.
_______ _ _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) AR20130020765
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ABCMR Record of Proceedings (cont) AR20130020765
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