RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 29 APRIL 2004
         DOCKET NUMBER: AR2003095704


         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
Mr. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Richard T. Dunbar		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his record be corrected to show award of the European-African-Middle Eastern Campaign Medal with one bronze service star, the Army of Occupation Medal with Germany clasp, the Driver and Mechanic Badge, and a letter of citation/appreciation from the 66th Infantry Division.

2. The applicant refers to a letter from the National Personnel Records Center (NPRC), and states that the letter of citation/appreciation was sent to the NPRC.

3. The applicant provides a 26 June 2003 letter from the NPRC.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 30 December 1945. The application submitted in this case is dated 28 July 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4. The applicant's WD AGO Form 53-55 (Honorable Discharge) shows that he was inducted into the Army on 25 May 1942 and served in the European Theater of Operations during World War II. He arrived in Europe in December 1944 and returned a year later in December 1945. He was discharged at Fort Meade, Maryland on 30 December 1945. He served with the 721st Field Artillery Battalion during the war as a full track driver, participated in one campaign, and was awarded the Good Conduct Medal, the American Theater Ribbon, the European-African-Middle Eastern Theater Ribbon, the World War II Victory Ribbon, and the Honorable Service Lapel Button for World War II. He qualified as a marksman with the carbine.

5. The applicant's WD AGO Form 100 (Separation Qualification Record) shows that he served in the European Theater for 13 months, driving a full track military vehicle used for towing a 155mm howitzer. That record also shows that he attended the field artillery school at Fort Sill, Oklahoma, completed a 12-week motor mechanic course and a 4-week full track vehicle course, where he studied repair and maintenance of gasoline motors and repair, maintenance, and driving of full track vehicles. The record also shows that the applicant attended an automotive trade school in Huntington, West Virginia for two years prior to his induction into the Army.

6. The applicant was awarded a Certificate of Merit while assigned to Battery B, 721st Field Artillery Battalion, 66th Infantry Division, in recognition of conspicuously meritorious and outstanding performance of military duties from 1 January to 8 May 1945.

7. On 26 June 2003 the NPRC informed the applicant that he was entitled to certain awards, to include the European-African-Middle Eastern Campaign Medal with one bronze service star, the Army of Occupation Medal with Germany clasp, and the Driver and Mechanic Badge.

8. Army Regulation 600-8-22 provides the policy, criteria, and administrative instructions concerning awards, and states in pertinent part that service stars are won on campaign and service ribbons to denote an additional award. The service star is a bronze or silver five-pointed star. A silver star is worn instead of five bronze service stars. Service stars are authorized for wear on the European-African-Middle Eastern Campaign Medal.

9. The Army of Occupation Medal of Germany is awarded for service for 30 consecutive days between 9 May 1945 and 5 May 1955. Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

10. Army Regulation 600-81, then in effect, provides for the award of the Driver and Mechanic Badge. In order to qualify for award as a driver must pass an aptitude test and standard driver's qualification tests for wheeled vehicles, track-laying vehicles, or amphibian vehicles; perform duty for a minimum of 3 months as a driver or assistant driver without traffic violations and with an accident-free record, and rating of excellent; and be assigned to duty as a driver or assistant driver of a vehicle, or as an actual and active driver instructor. In order to qualify for award as a mechanic, an individual must complete a standard vehicle mechanic's course with a rating of skilled or have sufficient previous experiences as an automotive mechanic to justify a skilled rating, perform duty for a minimum of 3 months as an automotive mechanic, second echelon or higher, with a rating of excellent, and be assigned to duty as an automotive mechanic, second echelon or higher, or as an actual and active instructor of such mechanics.
11. The current regulation, Army Regulation 600-8-22, states that the Driver and Mechanic Badge is awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation of motor vehicles. Eligibility requirements for drivers include possessing a government motor vehicle operator's license, occupying a duty position with title of driver for a minimum of 12 consecutive months, and having no Army motor vehicle accident or traffic violation. Requirements for mechanics include passing aptitude tests and completing a mechanics' course with a skilled rating or have demonstrated possession of sufficient previous experience as an automotive or engineer equipment mechanic to justify such a rating. Component bars are authorized for various types of vehicles and qualifications, e.g., Driver – T (for tracked vehicles), Mechanic (for automotive or allied vehicles).

12. Army Regulation 635-5 provides for the preparation of separation documents, to include the information required to be entered. Entries are required for decorations and citations awarded; however, there are no provisions for entering information concerning a letter of citation/appreciation or certificate of merit.

DISCUSSION AND CONCLUSIONS:

1. The applicant served in the European Theater of Operations during World War II. He participated in one campaign and is entitled to award of the European-African-Middle Eastern Campaign Medal with one bronze service star.
2. The evidence shows that the applicant returned to the United States in December 1945; consequently, he participated as a member of an occupation force after the war. He is entitled to award of the Army of Occupation Medal with Germany clasp.

3. The applicant's record of his duties as a driver and mechanic are unavailable; nonetheless, he served as a driver, performing maintenance on a tracked vehicle for one year in a combat zone. His performance was outstanding as shown by the certificate of merit he received. The applicant is entitled to award of the Driver and Mechanic Badge with Driver – T and Mechanic component bars.

4. The applicant's record does not contain a letter of citation/appreciation as the applicant contends; however, it does contain the above-mentioned Certificate of Merit, the document which the applicant is probably referring to. Letters, certificates, memorandums, and so forth are not documents annotated on a separation document. Consequently, there is no basis to correct the applicant's record to show award of the Certificate of Merit.

BOARD VOTE:

__MKP__ __MHM__ ___RTD _ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the European-African-Middle Eastern Campaign Medal with one bronze service star, the Army of Occupation Medal with Germany clasp, and the Driver and Mechanic Badge with Driver – T and Mechanic component bars.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the applicant's record to show award of the Certificate of Merit.




                  __Margaret K. Patterson___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003095704
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040429
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.