Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140003576
Original file (20140003576.txt) Auto-classification: Approved

		
		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003576 


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 records to show he was authorized the Army of Occupation Medal with Germany Clasp (AOM).

2.  The applicant states he should have been awarded the AOM in accordance with paragraph 5-11a(5), Army Regulation 600-8-2 (Military Awards), for his service in Berlin, Germany, from April 1984 - September 1985, with the Combat Support Company, 6th Battalion, 502nd Infantry Regiment.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Army Regulation 600-8-22, document extract (page 68)

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 29 September 1981.  He was trained in and awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  Item 5 (Overseas Service) that he was assigned to Germany from 26 March 1984 through 12 September 1985; and

	b.  Item 35 (Record of Assignments) that he was assigned for duty in Berlin with Combat Support Company, 6th Battalion, 502nd Infantry Regiment, from 27 March 1984 to 12 September 1985.

4.  On 27 September 1985, he was honorably released from active duty, having completed 3 years, 11 months, and 29 days of creditable active service.  The AOM is not included among the awards listed on his DD Form 214.

5.  Army Regulation 600-8-22 states the Army of Occupation Medal with Germany Clasp is awarded for service for 30 consecutive days at a normal post of duty in Berlin between 9 May 1945 and 2 October 1990.

DISCUSSION AND CONCLUSIONS:

The applicant's assignment in Berlin from 27 March 1984 to 12 September 1985 satisfies the regulatory criteria necessary for the award of the Army of Occupation Medal with Germany Clasp.  Accordingly, it would be appropriate to correct his record to show he earned this award.

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.  adding the Army of Occupation Medal with Germany Clasp to his DD Form 214 and

	b.  issuing him a correction to this document to show this medal.




      _______ _  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)                                         AR20140003576





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003576



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090004401

    Original file (20090004401.txt) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he received the Army of Occupation Medal for service in Berlin (AOM-Berlin). Although the applicant is not authorized to wear a Berlin airlift device with his AOM, the regulation clearly shows that the AOM with Germany clasp for service in Berlin is the result of qualifying service as a member of the Army of Occupation of Berlin between 9 May 1945 and 2 October...

  • ARMY | BCMR | CY2011 | 20110020087

    Original file (20110020087.txt) Auto-classification: Approved

    He states he served on active duty during a qualifying period for the NDSM and he was assigned to the U.S. Army Berlin Brigade for sufficient time to qualify for the Army of Occupation Medal. His records show he served on active duty during a qualifying period authorized for the NDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM and Army of Occupation Medal with Germany Clasp to his DD Form 214.

  • ARMY | BCMR | CY2013 | 20130007405

    Original file (20130007405.txt) Auto-classification: Approved

    The applicant requests correction of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show: * his periods of service in Korea and in Berlin, Germany * award of the Korea Defense Service Medal (KDSM) 2. The evidence shows that during his first enlistment, the applicant served in Korea and in Berlin, Germany. Based on his service in Korea, he is authorized award of the KDSM and his DD Forms 214 should be corrected to show this award.

  • ARMY | BCMR | CY2014 | 20140007267

    Original file (20140007267.txt) Auto-classification: Approved

    There is no evidence of record that shows any unit that the applicant was assigned to was awarded the PUC during the period of service under review. There are no orders or other evidence of record that shows the applicant was awarded the MSM. There is no evidence of record that shows the applicant was authorized the AFEM for his service during the period of service under review.

  • ARMY | BCMR | CY2013 | 20130015197

    Original file (20130015197.txt) Auto-classification: Approved

    The applicant requests, in effect correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards, decorations, and badges, to include: * Army Good Conduct Medal (AGCM) * Overseas Service Medal (Interpreted to mean the Overseas Service Ribbon (OSR)) * Campaign Medal * Berlin Medal (Interpreted to mean the Army of Occupation Medal (AOM with Germany Clasp) for occupation of Berlin 2. The applicant provides copies of: * DD Form 214 *...

  • ARMY | BCMR | CY2011 | 20110010044

    Original file (20110010044.txt) Auto-classification: Denied

    The applicant requests award of the Army of Occupation Medal (AOM) with Germany Clasp and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Germany. His DA Form 24 (Service Record) shows the following: a. in section 4 (Chronological Record of Military Service) that he was assigned to Headquarters Company, 1st Battle Group, 38th Infantry Regiment, during his tour of duty in Germany and b. in section 5 (Service Outside...

  • ARMY | BCMR | CY2014 | 20140009588

    Original file (20140009588.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show: a. his duty assignment in Berlin, Germany, and b. award of the Army of Occupation Medal with Germany Clasp. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to the 4th Battalion, 6th Infantry Regiment, Berlin Brigade, in Berlin, Germany, from 16 September 1975 to 14 March 1976. Since there is no provision to show duty assignments on the DD Form...

  • ARMY | BCMR | CY2012 | 20120005192

    Original file (20120005192.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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. 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.

  • ARMY | BCMR | CY2006 | 20060009680C070205

    Original file (20060009680C070205.doc) Auto-classification: Approved

    A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. The applicant submitted service records from Soldiers who served with the applicant. Evidence also shows the three Soldiers were awarded the Army of Occupation Medal (Berlin).

  • ARMY | BCMR | CY2009 | 20090012724

    Original file (20090012724.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the Army Achievement Medal (AAM), the Army Commendation Medal (ARCOM), and the Army of Occupation Medal (AOM). The applicant's military records do not contain orders for the ARCOM, AAM, or AOM. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.