IN THE CASE OF:  

		BOARD DATE:  23 May 2018

		DOCKET NUMBER:  AR20160011641


BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ___x_____  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF: 

		BOARD DATE:  23 May 2018

		DOCKET NUMBER:  AR20160011641


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error 
or injustice.  Therefore, the Board determined 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.



		IN THE CASE OF:  

		BOARD DATE:  23 May 2018

		DOCKET NUMBER:  AR20160011641


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, correction of his DD Form 214 (Armed 
Forces of the United States Report of Transfer or Discharge) to show award of 
the Army of Occupation Medal with Germany Clasp.

2.  The applicant states, in effect, the Army of Occupation Medal is authorized for 
service in West Berlin for the period 9 May 1945 to 2 October 1990.  He requests 
his record be corrected to allow entry into the Veterans of Foreign Wars (VFW).

3.  The applicant provides a copy of his DD Form 214 and a certificate.

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 was inducted into the Army of the United States on                   
17 September 1964.  He completed training and he was awarded military 
occupational specialty 45G (Turret Artillery Repairman).

3.  Evidence shows he served with Troop A, 3rd Squadron, 7th Cavalry 
Regiment, U.S. Army Europe (USAREUR), in Schweinfurt, Germany, for the 
period 17 July 1965 to 24 August 1966.  Item 41 (Awards and Decorations) of his 
DA Form 20 (Enlisted Qualification Record) does not show award of the Army of 
Occupation Medal with Germany Clasp.

4.  He was honorably released from active duty on 1 September 1966.  His      
DD Form 214 shows he was awarded or authorized the National Defense 
Service Medal.

5.  The applicant provides a copy of a certificate dated 7 September 1965, which 
states the applicant completed a tour of patrolling, scouting, and observing along 
the “Iron Curtain” border of West Germany.  

REFERENCES:

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

DISCUSSION:

1.  The applicant requests correction of his DD Form 214 to show the Army of 
Occupation Medal with Germany Clasp.

2.  Although evidence shows he served in Schweinfurt, Germany, with Troop A, 
3rd Squadron, 7th Cavalry Regiment, USAREUR, for the period 7 July 1965 to 
22 August 1966, the available records are void of any evidence showing he was 
assigned to a unit which performed occupation duties in Berlin at the time he was 
in Germany.  

3.  The evidence does not show that he met the criteria for the Army of 
Occupation Medal with Germany Clasp as applicable to his period of service.  
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160011641


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160011641


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2