RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 April 2008 DOCKET NUMBER: AR20070018520 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States), with the ending period 22 March 1955, to show award of the Army of Occupation Medal. 2. The applicant states, in effect, that he served in Germany from February to April 1954. 3. The applicant provides his DD Form 214; an Academic Report memorandum from the U.S. Army Europe (USAREUR), Quartermaster School, dated 1 April 1954; and page three of an Enlisted Qualification Record. 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 to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214, an Academic Report memorandum from the USAREUR, Quartermaster School; and page three of an Enlisted Qualification Record. 3. The applicant's DD Form 214 with the ending period 22 March 1955 shows he was inducted and entered active duty on 15 April 1953. On 22 March 1955, he was released from active duty. Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) show the applicant was awarded the National Defense Service Medal. 4. Item 44 (Foreign Service) of the applicant's Enlisted Qualification Record shows that the applicant served in USAREUR from October 1953 to March 1955. Item 46 (Record of Current Service) shows that the applicant was assigned to A Company, 78th Transportation Company while serving in USAREUR. 5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on 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 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. 6. A Company, 78th Transportation Company is not listed in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) as being awarded occupation credit for Germany. DISCUSSION AND CONCLUSIONS: Unfortunately, evidence of record shows that A Company, 78th Transportation Company is not listed in the Unit Citation and Campaign Participation Credit Register as being awarded occupation credit for Germany. In addition, he was not awarded the European-African-Middle Eastern Campaign Medal prior to 9 May 1945. Therefore, the applicant is not eligible for award of the Army of Occupation Medal (Germany). BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __LDS __ __DKH __ __EM __ 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. LDS_ _ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018520 4 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508