IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002858
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 (Certificate of Release or Discharge from Active Duty) to show:
* his foreign service in Germany
* award of the Army of Occupation Medal
2. The applicant states he served in served in Germany for 2 years and no foreign service is recorded on his DD Form 214. He believes he is authorized award of the Army of Occupation Medal.
3. The applicant provides:
* page 1 of his DA Form 2-1 (Personnel Qualification Record Part II)
* 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 enlisted in the Regular Army on 17 March 1988.
3. His DA Form 2-1 shows in:
* item 5 (Foreign Service) Germany from 27 July 1988 to 26 July 1990
* item 9 (Awards, Decorations, and Campaigns) no entry for the Army of Occupation Medal
4. While serving in Germany, he was assigned to Headquarters and Headquarters Company, 2d Battalion, 37th Armor Regiment, from 27 July 1988 to 26 July 1990.
5. On 17 January 1992, he was honorably released from active duty. His DD Form 214 shows in:
* item 12f (Foreign Service) no foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Service Ribbon
* National Defense Service Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Hand Grenade Bar, and Mortar Bar (81 millimeter)
* item 18 (Remarks) no deployed service
6. His records are void of evidence showing he was assigned or attached to a unit in Berlin.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty while assigned to a qualifying location. The Army of Occupation Medal with Germany Clasp for the Army of Occupation of Germany (exclusive of Berlin) is authorized for service between 9 May 1945 and 5 May 1955. The Army of Occupation Medal with Germany Clasp for the Army of Occupation of Berlin is authorized for service between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he completed a 24-month overseas tour in Germany. His DD Form 214 should be corrected to show 2 years of foreign service.
2. Although he served in Germany for 24 months, his records are void of and he failed to provide evidence showing he was assigned or attached to a unit in Berlin for 30 consecutive days and thereby eligible for the Army of Occupation Medal.
4. In view of the aforementioned evidence, there is an insufficient basis for adding the Army of Occupation Medal with Germany Clasp to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending item 12f of his DD Form 214 to show 2 years of foreign service.
2. The Board further determined 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.
___________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) AR20150002858
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ABCMR Record of Proceedings (cont) AR20150002858
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