IN THE CASE OF: BOARD DATE: 14 October 2022 DOCKET NUMBER: AR20220005239 APPLICANT REQUESTS: in effect, correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 30 April 1991 to show he was awarded the Army of Occupation Medal with Germany Clasp (West Berlin). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending on 30 April 1991 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 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 he served in Germany during the necessary dates and location for the medal. 3. The applicant provides a copy of his DD Form 214 for the period ending on 30 April 1991. 4. The applicant’s service record shows the following documents: a. On 18 March 1988, he enlisted in the Regular Army. b. DA Form 2-1 (Personnel Qualification Record) shows in Section VII (Current and Previous Assignments), item 35 (Record of Assignments), shows he was attached to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, Germany as a Scourt Helicopter Repairer from 15 November 1988 to 9 November 1990. c. His DD Form 214 shows he was honorably discharged on 30 April 1991, due to a physical disability with severance pay. He completed 3 years, 1 months and 13 days of net service this period. It also shows in: * Item 12f (Foreign Service): he completed 1 year, 11 months, and 26 days of foreign service * Item 13 (Deocrations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized: o National Defense Service Medal o Army Achievement Medal o Noncommissioned Officer Professional Development Ribbon o Aircraft Crewman Badge o Overseas Service Ribbon o Sharpshooter Badge with Hand Grenade Bar o Expert Badge with Hand Grenade Bar * Item 18 (Remarks): does not reflect the period he was stationed in Germany 5. A letter from the National Personnel Records Center, dated 29 March 2013, does not reflect he was awarded the Army of Occupation Medal Germany Clasp (West Berlin). 6. The applicant’s record do not show he was stationed in West Berlin, Germany. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members thoroughly reviewed the applicant's statement, supporting evidence, and the service record. The applicant’s record does not show he was stationed in West Berlin, Germany. There is no evidence he meets the criteria for this award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 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, 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. 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. 3. 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)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005239 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1