IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020187
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Army Occupation Medal with Germany clasp and National Defense Service Medal.
2. The applicant states that he was given the awards of the Army Occupation Medal with Germany clasp and National Defense Service Medal after arriving in Germany and wore them on his uniform; however, they were not included on his DD Form 214.
3. The applicant provides copies of his DD Form 214, two photographs of himself wearing his ribbons, and an email from a former member of his unit.
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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 7 October 1954. He completed his training as a light anti-aircraft artillery fire control crewman at Fort Bliss, Texas and was transferred to Germany on 31 March 1955 for assignment to Company B, 91st Anti-Aircraft Artillery (AAA) Battalion. He remained in Germany until he was returned to Fort Chaffee, Arkansas on 27 September 1956.
4. On 29 September 1956, he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 11 months and 23 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Good Conduct Medal.
5. A review of the available records shows that the award of the Army Occupation Medal (Germany) was entered in his records and was subsequently deleted.
6. Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp qualifying service 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 for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) provides unit citations and campaign participation for unit serving during WWII and Korea. It provides, in pertinent part, that the 91st AAA Group was credited for service in the Army of Occupation in Germany for the period 2 May to 27 December 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered and appear to lack merit.
2. The available evidence indicates that the applicant did not serve during qualifying period for either the Army Occupation Medal with Germany clasp or the National Defense Service Medal.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.
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) AR20140020187
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