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ARMY | BCMR | CY2005 | 20050009701C070206
Original file (20050009701C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050009701


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request for
award of the Army of Occupation Medal with Germany Clasp.

2.  The applicant states that he intended to request the Army of Occupation
Medal with Germany Clasp in his earlier request and not the Army of
Occupation Medal for his service in Italy.

3. The applicant continues that he had orders for the Army of Occupation
Medal with Germany Clasp but they have been lost.  He concludes that he
discovered the error on his separation document in 1965 and that he
attempted correction through the Records Center in St. Louis, Missouri.

3.  The applicant provides a copy of 588th Replacement Company Special
Orders Number 13, dated 30 March 1955, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040003615, on 22 March 2005.

2.  The applicant’s military records are not available 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 are sufficient
documents available to conduct a fair and impartial review of this case.

3.  The applicant's clarification of his earlier request is considered a
new argument.   This request was not previously considered by the Board;
therefore, it is considered a new argument.

4.  The applicant was inducted into the Army on 19 October 1954 and was
trained as a military policeman.  On 30 March 1955 orders were published
reassigning the applicant from the 588th Debarkee Detachment at Camp Darby,
Italy, to the 68th Military Police Company in Leghorn, Italy.



5.  On 10 April 1956 orders were published by Headquarters, Verona-Vicenza
Military Post reassigning the applicant from the 68th Military Police
Company to the 588th Replacement Company at Camp Darby for processing and
movement to the United States.

6.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States) shows he was discharged with an honorable
characterization of service at Fort Dix, New Jersey on 22 June 1956.  The
DD Form 214 also shows the applicant completed 1 year, and 2 months of
foreign service.

7.  588th Replacement Company Special Orders Number 13, dated 30 March
1955, shows the applicant was assigned to the 68th Military Company in
Leghorn, Italy on 1 April 1955.

8.  Army Regulation 600-8-22 (Military Awards) 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.  For
award of the Army of Occupation Medal with Germany Clasp, qualifying
service must have occurred between 9 May 1945 and 5 May 1955.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, credit for occupation duty during World War II.  This document
does not show the units to which the applicant was assigned received credit
for occupation duty during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army of
Occupation Medal with Germany Clasp.

2.  Records show the applicant served in Italy during the period 30 March
1955 through 10 April 1956.  There is no evidence the applicant served a
period of qualifying service in Germany for award of the Army of Occupation
Medal with Germany Clasp.

3.  There is also no evidence that the units in which the applicant served
received any occupation credit during World War II.  Therefore, there is
insufficient evidence to grant the relief requested.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_CD_____  __KSJ___  __SLP__  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR20040003615, dated 22 March 2005.




                                     __Shirley L. Powell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009701                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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