IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140010354 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Army of Occupation Medal
* World War II Victory Medal
* Overseas Service Ribbon
* Cold War Recognition Certificate

2.  The applicant states he served in Würzburg and Nuremberg, Germany, with the 7th Army and 84th Armored Engineer Company and is entitled to these service awards.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to 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 requested correction of his DD Form 214 to show award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  AHRC-CWRS, 1600 Spearhead 
Division Avenue, Fort Knox, KY  40122.  Based on this information, the applicant's request pertaining to the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) for 6 years on 6 December 1955.  Headquarters, Michigan Military District Fort Wayne, Letter Order USAR 11, dated 12 January 1956, ordered him to active duty for a period of 24 months effective 29 January 1956.

4.  His DD Form 214 shows he served on active duty from 29 January 1956 through 15 January 1958, when he was honorably released to control of the USAR.  His DA Form 24 (Service Record) shows he was assigned to Company C, 18th Engineer Battalion, from 8 August 1956 through 31 May 1957 and the 84th Armored Engineer Company from 1 June 1957 through 28 December 1957.

5.  Records indicate he was discharged from the USAR on 2 February 1960 for immediate enlistment in the Army National Guard of Michigan on 3 February 1960 for a period of 3 years.  He was honorably discharged from the Army National Guard of Michigan on 2 February 1963.

6.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.  Qualifying service for award of the Army of Occupation Medal with Germany Clasp must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  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.

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	c.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Army of Occupation Medal, World War II Victory Medal, and Overseas Service Ribbon was carefully considered.

2.  The applicant's service in Germany was from 8 August 1956 through 28 December 1957.  This service post-dates periods of eligibility for the World War II Victory Medal and Army of Occupation Medal with Germany Clasp.  Although 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, there is no evidence the applicant served in Berlin.

3.  Retroactive award of the Overseas Service Ribbon to personnel credited with overseas tour completion before 1 August 1981 is only authorized for individuals with an Active Army status on or after 1 August 1981.  Records show the applicant was honorably discharged from the Army National Guard of Michigan on 2 February 1963.

4.  In view of the foregoing evidence, he is not entitled to 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 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)                                         AR20140010354



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ABCMR Record of Proceedings (cont)                                         AR20140010354



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