IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140007552
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to add the Army of Occupation Medal (Berlin).
2. The applicant states he was assigned to Berlin, Germany on a temporary basis for 30 days.
3. The applicant provides:
* Headquarters, U.S. Forces Support District Bayern, Letter Order Number 1645, dated 13 May 1974
* his DD Form 214
* his Honorable Discharge Certificate
OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. After having previous enlisted service, the applicant enlisted in the Regular Army on 15 September 1971, held military occupational specialty 73C (Finance Specialist), and attained the rank/grade of specialist five (SP5)/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Germany from 30 June 1972 to 4 October 1974 and he served with the 14th Finance Section from 3 July 1972 to 4 October 1974.
4. He provides Letter Order Number 1645, issued by Headquarters, U.S. Forces Support District Bayern on 13 May 1974, which shows he was ordered to go to Berlin, Germany on temporary duty (TDY). His report date was listed as
20 May 1974 and his period of TDY was listed as a period of approximately
30 days. His orders also stated he was to return to his home station upon completion of his duty.
5. He was honorably released from active duty on 5 October 1974, after completing 3 years and 21 days of net active service, of which a period of 2 years, 3 months, and 5 days was credited as foreign service. Additionally, he was awarded or authorized the:
* National Defense Service Medal
* Army Good Conduct Medal
* Expert and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
6. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service).
DISCUSSION AND CONCLUSIONS:
The applicant went TDY to Berlin for approximately 30 days. However, the criteria for award of the Army of Occupation Medal (Berlin) requires a service member to serve at least 30 consecutive days in Berlin during the qualifying period, and Berlin must have been listed as the recipient's permanent duty location. Unfortunately, TDY assignments do not meet the criteria for this award. As such, there is insufficient evidence to grant the 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) AR20140007552
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ABCMR Record of Proceedings (cont) AR20140007552
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