IN THE CASE OF:  	  

		BOARD DATE:  22 October 2015	  

		DOCKET NUMBER:  AR20150002242 


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

* Item 23a (Specialty Number and Title) – the military occupational specialty (MOS) "13A1N" (Field Artillery) instead of "13A1O" (Field Artillery Basic)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Army of Occupation Medal 
* Item 25 (Education and Training Completed) – the 8-Inch Projectile Forward Assembly Course
* Item 30 (Remarks) – he served on temporary duty (TDY) in Berlin, Germany

2.  The applicant states his DD Form 214 does not list all of his schooling; his TDY orders placing him in Berlin, Germany for 30 days; or have him attending school in Oberammergau, Germany.  His DD Form 214 does not show his MOS was changed from 13A1O to 13A1N.  He needs his DD Form 214 to show an award of the Army of Occupation Medal for his service in Berlin, Germany, for 30 days.  The clerks were not the best at listing everything down.  One of the Soldiers he was with in Germany found those TDY orders for Berlin.  He needs his DD Form 214 corrected to receive benefits from the Department of Veterans Affairs.

3.  The applicant provides a copy of Letter Orders (LO) Number 09-1.

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 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 the cases 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.

2.  The applicant's military records show he was inducted in the Army of United States on 10 January 1968.  His DA Form 20 (Enlisted Qualification Record) show in:

* Item 22 (MOSs) – he was awarded MOS 13A1N on 10 May 1968
* Item 27 (Military Education) – he completed 1 week of the 8 Inch Projectile Prefire Course, U.S. Army Europe (USAREUR), in 1968
* Item 28 (Specialized Training) – he completed the following training:

* ATP 21-114, 8 March 1968
* Code of Conduct, 15 March 1968
* Geneva Convention, 15 March 1968

* Item 31 (Foreign Service) – he served in Germany from 2 June 1968 through 20 December 1969
* Item 38 (Record of Assignments) – he was assigned to Battery C, 2nd Battalion, 92nd Artillery, USAREUR, from 8 June 1968 through 11 December 1969 and he served in:

* MOS 13A1O from 8 June 1968 through 4 September 1968
* MOS 13A1N from 5 September 1968 through 10 August 1969
* MOS 71B (Clerk Typist) from 11 August 1969 through 11 December 1969

* Item 41 (Awards and Decorations) – the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



3.  Headquarters, 2nd Battalion, 92nd Artillery, issued the following orders:

* Special Order (SO) Number 171, on 25 September 1968, awarding him MOS 13A1N and withdrawing MOS 13A1O
* SO Number 96, on 17 May 1969, awarding him MOS 13A1N and withdrawing MOS 13A1O

4.  He was honorably released from active duty on 13 December 1969 and he was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 11 months, and 4 days of active service.  His DD Form 214 lists in:

* Item 22c (Foreign and/or Sea Service) – 1 year, 6 months, and 10 days and the entry "USAREUR"
* Item 23a – 13A1O, Field Artillery Basic
* Item 24 – the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Item 25 – the ATP 21-114, Code of Conduct, and Geneva Convention courses
* Item 30 – no entry regarding TDY service

5.  He provided a copy of LO Number 09-1, dated 4 August 1968, placing him on TDY with the U.S. Army School, Berlin, Germany, with a reporting date of 7 August 1968, for the purpose of attending the 8 Inch Projectile Forward Assembly Course for approximately 30 days.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  The regulation states the Army of Occupation Medal with Germany Clasp is awarded for service of 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, TDY, or detached service) while assigned to qualifying areas.  Included in those qualify areas is Berlin during the period between 9 May 1945 and 2 October 1990.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, set the standardized policy for preparing and distributing the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The regulation stated:

* Item 22c - would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USAREUR"
* Item 23a – would list the primary MOS code number and title
* Item 24 – would list all awards awarded or authorized
* Item 25 – would list service schools, including major courses that were successfully completed, military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214

8.  There were no provisions in Army Regulation 653-5 in effect at the time for listing in Item 30 of the DD Form 214 any TDY status and/or service.

DISCUSSION AND CONCLUSIONS:

1.  Item 22 of the applicant's DA Form 20 shows he was awarded MOS 13A1N on 10 May 1968.  Additionally, SO awarded him MOS 13A1N and withdrew MOS 13A1O on 25 September 1968 and 17 May 1969, respectively.  The MOS 13A1N is not listed in item 23a of his DD Form 214.  His DD Form 214 shows his MOS as 13A1O.  

2.  The entry in item 29 of his DA Form 20 shows he completed 1 week of the 8 Inch Projectile Prefire Course in 1968.  This training is not listed on his DD Form 214.

3.  LO placed him in a TDY status on 4 August 1968 to attend school in Berlin, Germany.  The entry in item 27 of his DA Form 20 shows he completed the       1-week course in 1968.  By regulation, the Army of Occupation Medal with Germany Clasp is authorized for 30 consecutive days of service at a normal post of duty in Berlin during the period between 9 May 1945 and 2 October 1990.  Berlin was not his normal post of duty.  He did not serve a qualifying period of service for the Army of Occupation Medal with Germany Clasp.

4.  He served in Germany from 2 June 1968 through 20 December 1969.  This foreign service in correctly captured on his DA Form 20 and in item 22c of his DD Form 214.  By regulation, there is no provision for listing in item 30 of the DD Form 214 TDY status and/or service.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 23a of his DD Form 214 the entry, "13A1O, Field Artillery Basic" and entering the entry, "13A1N, Field Artillery"
* adding to item 25 of this form the entry, "8 Inch Projectile Prefire Course, 1 Week, 1968"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* award of the Army of Occupation Medal with Germany Clasp and its addition to his DD Form 214
* showing in item 30 of his DD Form 214 his TDY status



      ____________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)                                         AR20150002242





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ABCMR Record of Proceedings (cont)                                         AR20150002242



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