IN THE CASE OF: 

		BOARD DATE:  17 August 2022

		DOCKET NUMBER: AR20210016723


APPLICANT REQUESTS:  the Army of Occupation Medal be awarded to him and 
reflected accordingly on both his DD Form 214 (Armed Forces of the United States 
Report of Transfer or Discharge) and military records.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	3d Recon Squadron, 14th Armored Cavalry Border Certificate
*	Honorable Discharge Certificate
*	DD Form 214
*	Code of Federal Regulations extract

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states, in effect, based on what he has researched and in regard to his 
active-duty service in Berlin from 1964 to 1966, he meets the qualifications to be 
awarded the Army of Occupation Medal.  

3. The applicant provides:

   a.	3rd Recon Squadron, 14th Armored Cavalry Border Certificate, dated 4 August 
1966, was awarded to him for his faithful and efficient performance of duty on the US-
USSR Border in Western Germany.

   b.	Honorable Discharge Certificate certifies he was honorably discharged from the 
U.S. Army on 9 December 1970.

   c.	DD Form 214 shows he was honorably transferred on 7 December 1966 to the 
U.S. Army Reserve (USAR) in accordance with Army Regulation 635-200 (Personnel 
Separations – Enlisted Personnel), Chapter 5, Section VII, Early Release Overseas 
Returnee.  He served 1 year, 11 months, and 28 days of net service this period.  It also 
shows the following:

*	Item 12 (Last duty assigned and major command):  Troop L, 3rd Recon Sq, 
14th AC USARSEVEN [sic}
*	Item 24c (Statement of Service, Foreign Service): “USAREUR” typed over, 
along with “1 year, 7 months, 11 days.”  

   d.	Code of Federal Regulations (Title 32, Volume 32, date 1 July 2008) (2 pages), 
§ 578.46 (Army of Occupation Medal), paragraph (a)(5) highlighted.

4.  A review of the applicant’s service record shows:

   a.	He was inducted in the Army of the United States on 10 December 1964.

   b.	He was honorably transferred to the USAR on 7 December 1966 after serving    
1 year, 11 months, and 28 days.

5.  AR 600-8-22 (Military Awards) prescribes Department of the Army (DA) policy, 
criteria, and administrative instructions concerning individual and unit military awards. 
AR 672–20 provides implementing instructions for incentive awards, honorary awards 
and devices, awards from non-Federal organizations, and medals for public service.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation.  Upon review of the applicant’s petition and available military records the 
Board determined the applicant met the criteria for award of the Army Occupation of 
Berlin Medal.  Evidence shows the applicant was assigned on US-USSR Border in 
Western Germany. Based on regulatory guidance the applicant should be awarded the 
Army Occupational of Berlin Medal. Therefore, the Board granted relief. 



?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 adding to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for 
the period ending 7 December 1966 the Army of Occupational of Berlin Medal.


		  
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.


REFERENCES:

1.  Title 10, United States 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 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) prescribes Department of the Army 
(DA) policy, criteria, and administrative instructions concerning individual and unit 
military awards.  Paragraph 5-8a states, the Army of Occupation Medal was established 
by War Department General Orders 32, 1946.  The Army of Occupation of Berlin 
between 9 May 1945 and 2 October 1990.  Service between 9 May and 8 November 
1945 will be counted only if the European-African-Middle Eastern Campaign Medal was 
awarded for service before 9 May 1945.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210016723


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1