IN THE CASE OF: BOARD DATE: 16 JULY 2009 DOCKET NUMBER: AR20090004401 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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he received the Army of Occupation Medal for service in Berlin (AOM-Berlin). 2. The applicant states, in effect, that the AOM in entry in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 erroneously omits the Berlin Airlift Device. 3. The applicant provides his DD Form 214 and an awards information sheet in support of his application. 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 record shows he enlisted in the Regular Army and entered active duty on 7 April 1981. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman). His DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 16 May 1983 through 4 April 1985. Item 35 (Current and Previous Assignments) shows that during his tour in Germany he was assigned to C Company, 2nd Battalion, 6th Infantry Regiment, Berlin Brigade from 1 August 1983 through 28 June 1984, and to Company C, 4th Battalion, 502nd Infantry Regiment, (Rifle), Berlin Brigade from 29 June 1984 through 28 February 1985. 3. The applicant's Official Military Personnel File (OMPF) contains a Request and Authority for Leave (DA Form 31), dated 7 February 1985, which lists his unit address in item 6 (Organization and Station) as Company C, 4th Battalion, 502nd Infantry, APO NY 09742, Berlin, Germany. 4. On 4 April 1985, the applicant was honorably released from active duty under the provisions of Chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of completion of term of service. The DD Form 214 he was issued at the time confirms he completed a total of 3 years, 11 months, and 7 days of active military service. Item 7 (Last Duty Assignment and Major Command) shows Company C, 4th Battalion, 502nd Infantry Regiment (Rifle) as his last duty assignment. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his tenure on active duty: Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, Army Good Conduct Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, AOM, Army Service Ribbon, Army Achievement Medal, and Air Assault Badge. 5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. It states, in pertinent part, that the Army of Occupation of Berlin covers the period between 9 May 1945 and 2 October 1990. Clasps and the Berlin airlift device are authorized for wear on the AOM as follows: (1) Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany; (2) The Berlin Airlift Device is awarded for qualifying service with a unit credited with participation in the Berlin airlift, or by competent field authority on an individual basis. Qualifying service must have been entirely within the period 26 June 1948 to 30 September 1949, inclusive. No other clasps or devices are authorized with the AOM. DISCUSSION AND CONCLUSIONS: The applicant's contention that the fact he received the AOM for service in Berlin should be documented on his DD Form 214 was carefully considered and found to have merit. Although the applicant is not authorized to wear a Berlin airlift device with his AOM, the regulation clearly shows that the AOM with Germany clasp for service in Berlin is the result of qualifying service as a member of the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. Therefore, it would be appropriate and serve the interest of equity to delete the current AOM entry in item 13 of the applicant’s DD Form 214 and to replace it with the entry “Army of Occupation Medal with Germany clasp (Berlin),” which would appropriately document the basis for the award. BOARD VOTE: ___X_____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending item 13 of his DD Form 214 by deleting the current Army of Occupation Medal and replacing it with the entry "Army of Occupation Medal with Germany Clasp (Berlin)"; and by providing him a correction to his separation document that includes this change. _______ _ XXX_______ ___ 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) AR20090004401 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004401 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1