IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160016754 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: 13 June 2018 DOCKET NUMBER: AR20160016754 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. _________________________ 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: 13 June 2018 DOCKET NUMBER: AR20160016754 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: a. award of the Army of Occupation Medal with Germany Clasp for his service in Berlin and b. various duty assignments (Frankfurt, West Berlin, and Kassel, Germany). 2. The applicant states: a. He wants validation of his service in West Berlin. b. The Army of Occupation Medal should be issued. c. His DD Form 214 does not show his service in Frankfurt, West Berlin, or Kassel, Germany. d. His DD Form 214 shows he had 2 years and 10 months of foreign service, but he was not formally recognized for it with the Army of Occupation Medal. His reasons for this request relates to his membership/leadership position in the Veterans of Foreign War (VFW). He became a member of the VFW on 6 January 2007. He is now facing the possibility of being asked to leave the organization because of the lack of information regarding his foreign service on his DD Form 214. Any appropriate recognition of this time would allow him to continue his service in the VFW. 3. The applicant provides a copy of his DD Form 214. 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of his case. 3. His DD Form 214 shows: * he enlisted in the Regular Army on 29 December 1954 for a period of 3 years * he had 2 years and 10 days of foreign service * he was awarded the Army Good Conduct Medal * his last duty assignment and major command as Headquarters Company, Headquarters U.S. Army Security Agency, Europe * he was honorably discharged on 3 December 1957 4. The available records contain Morning Reports, dated 5 August 1957 to 28 October 1957, showing he was assigned to Headquarters Company, Headquarters, U.S. Army Security Agency, Europe, in Frankfurt, Germany. 5. There is no evidence which shows he served in Berlin. REFERENCES: 1. 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 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), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. There was no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation. DISCUSSION: 1. There is no evidence showing he served in Berlin. 2. Service in Berlin is required for award of the Army of Occupation Medal with Germany Clasp during the period of his service. 3. There is no provision to show duty assignments on the DD Form 214 other than the last duty assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016754 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016754 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2