IN THE CASE OF: BOARD DATE: 6 JUNE 2018 DOCKET NUMBER: AR20160015231 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___X_____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015231 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army of Occupation Medal with Germany clasp to his DD Form 214 for the period ending 25 July 1986. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding his duty with the 501st Infantry Regiment, West Berlin, Federal Republic of Germany for the period 1985 through 1986, to his DD Form 214 for the period ending 25 July 1986. ___________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: 6 June 2018 DOCKET NUMBER: AR20160015231 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 (Certificate of Release or Discharge from Active Duty) for the period ending 25 July 1986, to show award of the Army of Occupation Medal with Germany Clasp. He further requests to add his duty with the 501st Infantry, West Berlin, Federal Republic of Germany for the period May 1985 through June 1986, to his DD Form 214. 2. The applicant states he is entitled to the medal; however, it was not added to his DD Form 214 upon his discharge. He further states the Board should review his records online at the Philadelphia, Pennsylvania Department of Veterans Affairs. 3. The applicant provides no additional evidence. 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. Having 2 years, 11 months and 28 days of prior active service, the applicant enlisted in the Regular Army on 28 September 1978. 3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he served with Headquarters and Headquarters Company, and later Company C, 5th Battalion, 502nd Infantry Regiment, Berlin Brigade, Federal Republic of Germany for the period 19 July 1985 to 28 June 1986. On 28 June 1986, he departed Germany for the Continental United States. His records contain no evidence which shows he was ever assigned to the 501st Infantry Regiment. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 shows award of the Army of Occupation Medal. 4. He was honorably discharged on 25 July 1986. His DD Form 214 shows he was awarded or authorized the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Good Conduct Medal (3rd Award) * Noncommissioned Officer Professional Development Ribbon with Numeral 1 * Overseas Service Ribbon with Numeral 1 * Army Service Ribbon * Army Achievement Medal 5. Item 7 (Last Duty Assignment and Major Command) of his DD Form 214 for the period ending 25 July 1986, lists Company C, 5th Battalion, 502nd Infantry Regiment, United States Army Europe. REFERENCES: 1. 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. 2. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 (Remarks) the statement "Service in (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)." 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Evidence shows the applicant served more than 30 consecutive days with the 502nd Infantry Regiment, Berlin Brigade, Federal Republic of Germany. Therefore, it appears he is entitled to the Army of Occupation Medal with Germany Clasp due to his service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. 2. There is no evidence in the applicant's records and he did not provide sufficient evidence to show he was ever assigned to the 501st Infantry Regiment. 3. The established standardized policy for the preparation of the DD Form 214 allows for active duty deployments to be entered on the DD Form 214. Permanent Change of Station assignment locations are not authorized to be entered on the form. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015231 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015231 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2