IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110010273 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Germany (West Berlin) Campaign Medal (Army of Occupation Medal).

2.  The applicant states he served in Berlin from 12 October 1958 to 10 September 1959.  

3.  The applicant provides a self-authored statement regarding the Berlin Wall. 

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 records show he was inducted into the Army of the United States and entered active duty on 28 March 1958.  He was trained in and held military occupational specialty 131.10 (Armor Crewmember). 

3.  He served in Germany from 11 October 1958 to 11 September 1959.  He was assigned to Company B, 2nd Armor Battalion, 46th Infantry, Army Post Office (APO) 39. His records do not show he was stationed in Berlin.

4.  He was honorably released from active duty on 25 March 1960 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations.  

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) states that 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 for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

7.  A listing of historical APOs shows APO 39 was located in Frankfurt, Germany effective 11 June 1951, with subunits located in Hanau, Gelnhausen, and Budingen,  Two additional subunits were established on 15 June 1959, location unknown.

DISCUSSION AND CONCLUSIONS:

The applicant served with Company B, 2nd Armor Battalion, 46th Infantry, in Germany, from 11 October 1958 to 11 September 1959.  However, his records do not contain any evidence and he provided none to show he was stationed in Berlin.  In the absence of additional evidence that confirms his assignment location was Berlin, there is insufficient evidence to grant him this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  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.



       _______ 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)                                         AR20110010273



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ABCMR Record of Proceedings (cont)                                         AR20110010273



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