BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140003576 


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 records to show he was authorized the Army of Occupation Medal with Germany Clasp (AOM).

2.  The applicant states he should have been awarded the AOM in accordance with paragraph 5-11a(5), Army Regulation 600-8-2 (Military Awards), for his service in Berlin, Germany, from April 1984 - September 1985, with the Combat Support Company, 6th Battalion, 502nd Infantry Regiment.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Army Regulation 600-8-22, document extract (page 68)

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 enlisted in the Regular Army on 29 September 1981.  He was trained in and awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  Item 5 (Overseas Service) that he was assigned to Germany from 26 March 1984 through 12 September 1985; and

	b.  Item 35 (Record of Assignments) that he was assigned for duty in Berlin with Combat Support Company, 6th Battalion, 502nd Infantry Regiment, from 27 March 1984 to 12 September 1985.

4.  On 27 September 1985, he was honorably released from active duty, having completed 3 years, 11 months, and 29 days of creditable active service.  The AOM is not included among the awards listed on his DD Form 214.

5.  Army Regulation 600-8-22 states the Army of Occupation Medal with Germany Clasp is awarded for service for 30 consecutive days at a normal post of duty in Berlin between 9 May 1945 and 2 October 1990.

DISCUSSION AND CONCLUSIONS:

The applicant's assignment in Berlin from 27 March 1984 to 12 September 1985 satisfies the regulatory criteria necessary for the award of the Army of Occupation Medal with Germany Clasp.  Accordingly, it would be appropriate to correct his record to show he earned this 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:

	a.  adding the Army of Occupation Medal with Germany Clasp to his DD Form 214 and

	b.  issuing him a correction to this document to show this medal.




      _______ _  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)                                         AR20140003576





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