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AF | BCMR | CY2013 | BC-2013-00459
Original file (BC-2013-00459.txt) Auto-classification: Denied
                RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00459
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________


APPLICANT REQUESTS THAT:

1.  He be awarded the Army of Occupation Medal (AOM) of Germany.

2.  He be awarded the AOM of Austria.

________________________________________________________________


APPLICANT CONTENDS THAT:

He was never awarded the AOM.  

In support of his request, the applicant provides a copy of his 
WD AGO Form 53-55, Enlisted Record and Report of Separation-
Honorable Discharge.

The applicant's complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________


STATEMENT OF FACTS:

The applicant’s official military personnel record only contains 
a Final Payment Worksheet.  

The applicant’s WD AGO Form 53-55 reflects that he served on 
active duty in the Army Air Force from 14 Dec 42 through 7 Dec 
45, and that he was awarded the Good Conduct Medal, 
Distinguished Unit Badge, American Theater of Operations Service 
Ribbon, the European-African-Middle Eastern Theater Service 
Ribbon, and the World War II Victory Ribbon.

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that based on the 
applicant’s limited record, they can only confirm that he served 
in England from 6 Mar 44 to 24 Nov 45.  There is no 
documentation verifying the applicant served in Germany for 30 
or more consecutive days for award of the AOM with Germany Clasp 
or for award of the AOM with Austria Clasp.

The AOM is awarded for military service of 30 or more 
consecutive days of duty in one of the occupied territories 
after World War II.  Military service in the European-Africa-
Middle Eastern Theater between 9 May 45 and 8 Nov 45, and in the 
Asiatic-Pacific Theater between 3 Sep 45 and 2 Mar 46, shall 
only be considered if the service member received the applicable 
theater campaign medal for military service in the theater 
before the inclusive periods previously mentioned.

The AOM Germany (Exclusive of Berlin) is awarded for military 
service between 9 May 45 and 5 May 55.  Military service with a 
unit designated by the Department of the Army as “having met the 
requirements for, or the individual award of, the Berlin Airlift 
device” shall also qualify the service member for the AOM.  
Award of the AOM Germany authorizes a service member the AOM 
with Germany Clasp.

The AOM Austria is awarded for military service between 9 May 
45 and 27 Jul 55.  Award of the AOM Austria authorizes a service 
member the AOM with Austria Clasp.

The complete DPSID evaluation is at Exhibit B.

________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His WD AGO 53-55, Item 32, Battles and Campaigns, reflects 
G033WD45, identifying battles and campaigns for Normandy, 
Northern France, Rhineland, and Central Europe.  In this 
computer age, you would think the Army Serial Number (ASN) shown 
on the discharge form could be traced from Camp Springs, MD to 
Austria.  However, using the proximity of his group and squadron 
in the copyright publication of the 371st Fighter Group, where 
he is listed as a member, will show that he and his group would 
have been classified in the Army of Occupation for Germany and 
Austria.

In further support of his appeal, the applicant provides copies 
of Certificates of Appreciation for War Service, excerpts from 
various publications, the 405th Squadron Emblem, and a list of 
qualifying medals for membership in the Veterans of Foreign Wars 
(VFW).

The applicant's complete response, with attachments, is at 
Exhibit D.

________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force Office of Primary Responsibility (OPR) and 
adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  
While we note the additional documentation provided in response 
to the Air Force evaluation; we do not find it sufficient to 
support his contentions that he should be awarded the AOM for 
Germany or Austria.  Moreover, as pointed-out by the OPR, the 
applicant has not provided any documentation showing he was 
assigned or on temporary duty in Germany or in Austria for 30 or 
more consecutive days.  We are not unmindful or unappreciative 
of his service to his Nation; however, in the absence of 
persuasive evidence to the contrary, we find no basis to 
recommend favorable consideration of his application.

________________________________________________________________


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

________________________________________________________________


The following members of the Board considered Docket Number    
BC-2013-00459 in Executive Session on 29 Oct 13, under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 13, w/atch.
    Exhibit B.  Letter, AFPC/DPSID, dated 22 Apr 13.
    Exhibit C.  Letter, SAF/MRBR, dated 6 May 13.
    Exhibit D.  Letter, Applicant, dated 27 May 13, w/atchs.




		
				Panel Chair

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