BOARD DATE:	 11 June 2015 

		DOCKET NUMBER:  AR20140017216 


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 (Report of Separation from Active Duty) to show he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and the Army of Occupation Medal with Germany Clasp.

2.  The applicant states he earned the Sharpshooter Marksmanship Qualification with Grenade Bar during basic combat training (BCT) and it should be correctly annotated on his DD Form 214.  His support of Winter Exercise (WINTEX), Redeployment of Forces to Germany (REFORGER) and the Direct Support Teams (DST) was not annotated on his DD Form 214; therefore, the fact that he was at Field Station Berlin for greater than 30 days is not part of his record.

	a.  He enlisted in the Army on 10 June 1976.  After BCT and Advanced Individual Training (AIT), he was assigned as a Signal Security Specialist to Detachment R, 201st Army Security Agency (ASA) Company, Area Support Team (AST) in Hohenfels, Germany from February 1977 until June 1979.  During that time, he supported units using the Major Training Area (MTA).  During that time, he also supported the DSTs, 201st ASA Company Detachments, and other major exercises in Europe such as the bi-annual and annual exercises.

	b.  The DST and field support included Headquarters, VII Corps and 201st ASA Company Detachments H and P in WINTEX/PRIME TARGET 77 in the winter of 1977.  This was followed by REFORGER 1977 in the fall of 1977 and Field Station Berlin, Germany supporting the Berlin Brigade Headquarters, and 201st ASA Company Detachment O during the Winter of 1978.  These supporting activities were followed by the 1st Armored Division Command Post Exercise Carbide Sight, the 201st ASA Company, Detachment K in the summer of 1978, Field Training Exercise CERTAIN SHIELD/REFORGER 1978 in the Fall of 1978, and WINTEX/Civil Military Exercise (CIMEX) 79 in the winter of 1979.

	c.  In early 1978, the 201st ASA Company command structure consisted of Major Jxxxxx as the 201st ASA Company Commander.  At the AST in Hohenfels, Germany, the Officer in Charge was First Lieutenant (1LT) Bxxxx, recently replacing Second Lieutenant Wxxx, and the Noncommissioned Officer in Charge (NCOIC) was Staff Sergeant Pxxxxx.  For the period of February 1978 through April 1978, he was on duty at the 201st ASA Company, Detachment O, DST at Field Station Berlin, in Berlin Germany.  The OIC was 1LT Mxxxxxx and the NCOIC was Sergeant First Class Lxxxxxx.

3.  The applicant provides no additional evidence in support of his request.

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 10 June 1976, held military occupational specialty 05G (Signal Security Specialist), and attained the rank/grade of specialist four (SP4)/E-4.

3.  His DA Form 2 (Personnel Qualification Record – Part I) and DA Form 2-1 (Personnel Qualification Record – Part II) show:

	a.  He was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  This form does not show he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Grenade Bar or the Army of Occupation Medal with Germany Clasp.

	b.  He was stationed in Germany from 2 February 1977 to 4 June 1979 and he was assigned to the 201st ASA Company, with Duty at Detachment R from    3 February 1977 to 11 May 1979.  There are no entries that show he served in Berlin at any time.

4.  His record contains a letter of appreciation, dated 26 September 1977, which shows he participated "as a COMSEC operator of Hill # 2 during REFORGER 1977."  However, this memorandum does not indicate where Hill #2 was located, or the duration of his participation.  

5.  His record contains a letter of appreciation, dated 10 April 1979, which shows he provided "telephone monitoring assistance" to the Headquarters, Central Army Group, Mannheim, Germany "during WINTEX/CIMEX 79."  However, this memorandum does not indicate where the exercise took place or how long he participated.  

6.  The applicant was honorably released from active duty on 9 June 1979.  His DD Form 214 and subsequently issued DD Form 215 (Correction to DD Form 215) shows he completed 3 years of net active service, of which item 18f (Foreign and/or Sea Service This Period) shows 2 years, 4 months and 3 days was credited as foreign service.  Additionally, he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Army Good Conduct Medal.

7.  The Army of Occupation Medal was established by War Department General Orders 32, 1946.  It was awarded for service of thirty (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.  The Army of Occupation Medal with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record contains two letters of appreciation confirming that the applicant participated in the REFORGER 1977 and WINTEX/CIMEX 79 exercises.  However, these letters do not indicate where the exercises took place in Germany, or the duration of his participation.  

2.  The Army of Occupation Medal award criteria requires the prospective award recipient to have served in an authorized location (Berlin) for a period of 30 consecutive days.  The evidence doesn't sufficiently show he met the criteria for this award.  As such, there is insufficient evidence to justify adding the Army of Occupation Medal with Germany Clasp to his DD Form 214.

3.  There is no provision for adding the location of exercises to the DD Form 214. At the time of the applicant's service, his foreign service locations would have been annotated on his DA Form 2-1 and his DD Form 214 would only record the length of his foreign service in item 18f.

4.  There is no evidence of record and the applicant has not provided evidence to show he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  As such, there is insufficient evidence to add this marksmanship badge to his DD Form 214.

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)                                         AR20140017216





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ABCMR Record of Proceedings (cont)                                         AR20140017216



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