PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002077953


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lawrence Foster		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his WD AGO Form 53 (Enlisted Record and Report of Separation) to show award of the Army of Occupation Medal with Germany Clasp. He also requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 16 May 1953 to show award of the National Defense Service Medal.

3. The applicant states that these medals were left off of his discharge documents. He contends, in effect, that he is entitled to the Army of Occupation Medal with Germany Clasp for his service in Germany from 29 September 1946 through 19 January 1948. In support of his application, he submits a DD Form 214 with an effective date of 16 May 1953; a WD AGO Form 53; temporary duty orders, dated 20 November 1947; and company orders, dated 14 November 1946.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
29 October 1945. He served as a telephone repeaterman in Germany from
29 September 1946 through 19 January 1948 and was honorably discharged on 1 October 1948. The applicant was ordered to active duty on 15 October 1951 and released from active duty on 14 January 1952 for immediate reentry onto active duty with a National Guard unit. He was ordered to active duty on
15 January 1952 for a period of 24 months. He served as a radio operator and was released from active duty on 16 May 1953.

5. The applicant's WD AGO Form 53, which was authenticated in his own hand, does not show the Army of Occupation Medal with Germany Clasp as an authorized award.

6. The applicant's DD Form 214 with an effective date of 16 May 1953 does not show the National Defense Service Medal as an authorized award.

7. The available records contain a DD Form 214 which covers the applicant's period of service from 15 October 1951 through 14 January 1952. This DD Form 214 does not show the National Defense Service Medal as an authorized award.

8. The applicant's WD AGO Form 53 shows his organization as the Armed Forces Special Weapons Project. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal. There is no listing for the Armed Forces Special Weapons Project in the Department of the Army Pamphlet 672-1.

9. The available records contain a letter from the applicant, dated 24 February 2000, wherein he attests that he was attached to several units during his assignment in Germany. He contends that he was assigned to the 3160th Signal Service Battalion, the 3118th Signal Service Group, the 7774th Signal Service Battalion and the 97th Signal Company of the 97th Constabulary Unit.

10. Department of the Army Pamphlet 672-1 shows that the 3160th Signal Service Battalion received occupation credit for Germany during the period
4 September 1945 to 30 November 1945.

11. Department of the Army Pamphlet 672-1 shows that the 3118th Signal Group received occupation credit for Germany during the period 20 May 1945 to 30 November 1945.

12. There is no listing for the 7774th Signal Service Battalion in the Department of the Army Pamphlet 672-1.

13. There is no listing for the 9th Signal Company of the 97th Constabulary Unit in the Department of the Army Pamphlet 672-1. However, Department of the Army Pamphlet 672-1 shows that the 9th Signal Company of the 97th Infantry Division received occupation credit for Germany during the period 2 May 1945 to 30 October 1945.

14. The Board notes that the applicant is eligible for award of the American Campaign Medal which is not shown on his WD AGO Form 53.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

17. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1. The Board noted that the applicant served in Germany from 29 September 1946 through 19 January 1948.

2. The Board also noted the applicant's contention that he was attached to several units during his assignment in Germany. However, Department of the Army Pamphlet 672-1 fails to show that that applicant's unit shown on his WD AGO Form 53, the Armed Forces Special Weapons Project, or the 3160th Signal Service Battalion, the 3118th Signal Service Group, the 7774th Signal Service Battalion, the 97th Signal Company of the 97th Constabulary Unit, or the 97th Signal Company of the 97th Infantry Division, received occupation credit for Germany during the period 29 September 1946 through 19 January 1948. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army of Occupation Medal with Germany Clasp in this case.

3. The Board considered the applicant's request to show the National Defense Service Medal on his DD Form 214 with an effective date of 16 May 1953. However, evidence of record shows the applicant initially served on active duty from 15 October 1951 through 14 January 1952 and was issued a DD Form 214 for this period of service. This period of service (15 October 1951 through
14 January 1952) is a qualifying period of service for award of the National Defense Service Medal. Therefore, it would be appropriate to correct the applicant's DD Form 214 with an effective date of 14 January 1952 to show award of the National Defense Service Medal.

4. The applicant is entitled to the American Campaign Medal; therefore, his WD AGO Form 53 should be corrected to show this medal.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry, "None" in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 14 January 1952 of the individual concerned;

         b. by adding the entry, "National Defense Service Medal" in item 27 on this DD Form 214; and

         c. by adding the entry, "American Campaign Medal" in item
33 (Decorations and Citations) on the WD AGO Form 53 of the individual concerned.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

JNS___ REB_____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077953
SUFFIX
RECON
DATE BOARDED	20030225
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0060
2.	107.0069
3.	107.0063
4.
5.
6.