IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001798 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: Owens, Irvin J. Jr. BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170001798 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests he be issued the Army Good Conduct Medal and correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. in item 12 (Last Duty Assignment and Major Command), he was assigned to the 501st versus 505th Truck Company; and b. award of the – * National Defense Service Medal * Army of Occupation Medal (Germany) * Armed Forces Expeditionary Medal 2. The applicant states that at the time of his discharge, he was informed that these awards would be added at his next duty station, but that did not occur. He further states: a. His unit was assigned to the Berlin Corridor and they were required to travel 110 miles through the Soviet Union Zone and into Berlin. Each time they did this run, they were in Berlin approximately 4 to 5 days, sometimes longer depending on the activity in Berlin. While in Berlin, they stayed at Andrews Barracks, home of Special Troops Berlin. b. They would load the vehicles up with supplies then travel to Helmstedt Alpha Checkpoint to meet with a member of the 287th Military Police (MP) Company. They would complete a last will and testament and be served a nice meal. Once they were cleared by the MPs and the Soviets, the 287th MP Company escort them to Berlin because they could not carry a weapon of any kind or disembark their vehicles. c. The Russians became more aggressive toward them and he remembers being in a store in East Berlin when the first barbed wire was laid cross the streets. Approximately 3 to 4 days later they were given a mission to pick up infantry Soldiers and bring them back to Berlin. Upon their return to Berlin, they were trained in crowd control techniques and required to turn in their weapons. d. In his opinion, the members of his company, including himself, spent more than sixty days in Berlin intermittently over their tour of duty. He tried to gather information to support his statement by contacting other Soldiers in his unit and obtaining MP reports showing the frequency of the convoys but he was only able to find some declassified documents describing the entire Berlin crisis. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * DD Form 214 * DD Form 96 (Disposition Form) * DD Form 93 (Record of Emergency Data) * DA Form 24 (Service Record), ending 25 May 1962 * Authorization & Release of Information Form * History of the 53rd Transportation Battalion * Short History of the Berlin Command 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 47 (Record of Induction) * DA Form 24, ending 20 January 1963 * DA Form 20 (Enlisted Qualification Record) REFERENCES: 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) contains the Army's awards policy. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. The 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. c. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. This medal is approved for designated U. S. Military Operations in Berlin from 14 August 1961 to 1 June 1963. DISCUSSION: 1. While 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 16 June 1960. 3. He completed foreign service tour in Germany where he was assigned to the 501st Transportation Company, from 12 November 1960 to 8 April 1961, and from 7 July 1961 to 25 May 1962. 4. Headquarters, 53rd Transportation Battalion published Special Orders (SO) - * Number 192, dated 21 September 1961, awarding him the Driver and Mechanic Badge with "Driver-W" (for wheeled vehicles) Bar * Number 235, dated 30 November 1961, awarding him the Sharpshooter Marksmanship Qualification Badge with Carbine Bar * Number 85, dated 25 April 1962, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 5. The applicant provides: a. The military history for the 501st Transportation (Light Truck) which shows that as of March 1959, the unit made logistical runs through Communist East Germany to Berlin. b. The history of the Berlin Command which shows that on 20 August 1961, the 1st Battle Group (Reinforced), 18th Infantry Regiment, entered the city of Berlin. The applicant made the following handwritten entry at the bottom of the page: "The 501st Truck Company brought the 18th Infantry Regiment into Berlin from Helmstedt Checkpoint Alpha, escorted by the 287th MP Company from Berlin." 6. On 25 May 1962, he was released from active duty. His DD Form 214 shows his last duty assignment as the "505th" Transportation Company. His record shows he was assigned to the "501st" Transportation Company. His DD Form 214 shows he was awarded the Army Good Conduct Medal. 7. He served a qualifying period for award of the National Defense Service Medal. This award is not on his DD Form 214. 8. His Driver and Mechanic Badge with "Driver-W" Bar, Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) are not listed on his DD Form 214. 9. Award of the Army of Occupation Medal with Germany Clasp requires assignment to a normal post in Berlin for 30 consecutive days. The available evidence does not show he met the criteria for this award. 10. The Armed Forces Expeditionary Medal is authorized for designated U. S. Military Operations in Berlin from 14 August 1961 to 1 June 1963. To be eligible for this decoration, a Soldier must have completed 30 consecutive or 60 nonconsecutive days of service in support of the designated operation and the support must have involved entering the area of operations. He states his unit supported operations in Berlin. The available service records do not confirm the scope of support his unit provided or the length of time his unit supported operations in Berlin. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001798 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2