IN THE CASE OF:	  

		BOARD DATE:	    15 September 2011

		DOCKET NUMBER:  AR20110004630 


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 add the Army of Occupation Medal with Germany Clasp (Berlin).

2.  The applicant states he was in Berlin during the period 1974/1975 and was awarded an occupation medal.

3.  The applicant provides:

* port call instructions
* travel vouchers
* movement orders
* certificate of completion
* certificate of training

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.  He enlisted in the Regular Army on 20 December 1972 for a period of 4 years.  He served as a light weapons infantryman and was honorably discharged on 23 September 1974 for immediate reenlistment.  He reenlisted on 24 September 1974 for a period of 5 years.

3.  Headquarters, U.S. Army Berlin, Special Orders Number 212, dated 29 October 1974, show the applicant was awarded primary military occupational specialty 11B.

4.  He was honorably discharged on 21 September 1979.

5.  Section 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows entitlement to the Army of Occupation Medal (Berlin).

6.  His DD Form 214 for the period ending 21 September 1979 does not show the Army of Occupation Medal with Germany Clasp as an authorized award.

7.  In support of his claim that he served in Berlin he provided:

* port call instructions, dated 25 September 1974, for departure to Berlin, Germany
* travel vouchers showing Berlin, Germany, as his destination
* a certificate of completion for the Replacement Orientation Course, dated 6 November 1974, given at McNair Barracks, Berlin, Germany
* movement orders, dated 3 March 1975, which show he was authorized travel from Berlin to Helmstedt in March 1975
* a certificate of training for the Race Relations Awareness Seminar, dated 10 March 1975, given at the Wannsee Race Relations Institute in Berlin, Germany

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty, are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows he was assigned to Berlin, Germany, during the period 1974/1975; therefore, he served a period of qualifying service for award of the Army Occupation Medal with Germany Clasp (Berlin).  His DD Form 214 for the period ending 21 September 1979 should be corrected to show this medal.

BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army of Occupation Medal with Germany Clasp (Berlin) to his DD Form 214 for the period ending 21 September 1979.



      ___________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)                                         AR20110004630



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ABCMR Record of Proceedings (cont)                                         AR20110004630



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