RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-03739
      COUNSEL: NO
                   				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be awarded the Army Occupation Medal (AOM).  

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APPLICANT CONTENDS THAT:

He should be awarded the AOM for his service in Germany in 1957.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty from 30 October 1954 through 3 September 
1958.  His DD Form 214, Armed Forces of the United States Report 
of Transfer or Discharge, reflects he served 1 year, 5 months, 
and 24 days of Foreign Service.  

The remaining relevant facts, extracted from the applicant’s 
military service record, are reflected in the evaluation by the 
Air Force office of primary responsibility at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that in accordance 
with Department of Defense Manual (DoDM) 1348.33-M, dated 
September 1996, the AOM was established by the Secretary of War 
in 1946.  It is awarded for military service of 30 or more 
consecutive days of duty in one of the occupied territories 
after World War II.  The AOM for Germany (exclusive of Berlin) 
is awarded for service between 9 May 1945 and 5 May 1955.  The 
medal continued to be awarded for service in Berlin until 2 
October 1990.  

The applicant was assigned to the 563rd Fighter-Bomber Squadron, 
Etain-Rouvres Air Base, France, from 1 August 1956 to 9 December 
1957; and, to the 9th Fighter-Bomber Squadron, from 10 December 
1957 to 1 March 1958.  His DD Form 7, Airman Military Record, 
indicates Foreign Service in France from 17 July 1956 to 
10 January 1958.  

DPSID indicates that after a thorough review of the applicant’s 
military service record, they were unable to locate official 
documentation to verify the applicant met the criteria for award 
of the AOM.  He did not serve in Berlin prior to 2 October 1990 
or elsewhere in Germany prior to 5 May 1955.  To grant the 
applicant relief would be contrary to the eligibility criteria 
established by DoDM 1348.33.  

The complete DPSID evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 December 2012, for review and comment within 30 
days (Exhibit D).  As of this date, this office has received no 
response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-03739 in Executive Session on 29 May 2013, under 
the provisions of AFI 36-2603:

	                     , Panel Chair
	                     , Member
	                     , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2012-03739:

Exhibit A.  DD Form 149, dated 13 Oct 12, w/atch.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPSID, dated 19 Nov 12.
Exhibit D.  Letter, SAF/MRBR, dated 10 Dec 12.