RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050015771


      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:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 that the records of his father, a deceased
former service member (FSM) be corrected to show award of the Army of
Occupation Medal with Germany Clasp.

2.  The applicant states that the FSM served in Germany for at least
30 consecutive days and that his military service does not show this
service.

3.  The applicant provides a copy of the FSM's separation documents and
seven pages of background information in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 August 1946, the date of the FSM's discharge.  The
application submitted in this case is dated 27 October 2005.

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 limitations 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 FSM's records contain a WD AGO 53-55 (Honorable Discharge) issued
on 20 November 1945; a WD AGO 53-55 issued on 20 August 1946; and a
DD Form 215 (Correction to DD Form 214, Certificate of release or Discharge
from Active Duty), issued on 7 March 2005.

4.  The FSM's records show that he was inducted on 29 December 1942 and
entered active duty on 6 January 1943 in military occupational specialty
(MOS) 745 (Rifleman).  Records also show that he was assigned to the 69th
Amphibian Tractor Battalion which was previously known as the 69th Tank
Battalion.  The FSM served in the European Theater of Operations during the
period 17 October 1943 through 14 December 1945.




5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows that 69th Tank Battalion received
occupation credit in Germany.

6.  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.

7.  Review of the FSM's records indicates entitlement to additional awards
that are not shown on his WD AGO Form 53-55.

8.  The FSM's separation documents show that he was awarded the European-
African-Middle Eastern Theater-Campaign Medal with one bronze service star.
 These documents show that he was awarded campaign credit for participation
in the Central Europe Campaign.

9.  Department of the Army Pamphlet 672-1 shows that while the FSM was
assigned to the 69th Tank Battalion the unit participated in the Ardennes-
Alsace, Normandy, Northern France, and Rhineland campaigns which are not
shown on his separation documents.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  Army Regulation 600-8-22 also, provides, in pertinent part, that a
silver service star is authorized in lieu of five bronze service stars.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
World War II Victory Medal.  The World War II Victory Medal was established
by the act of Congress on 6 July 1945.  It was awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to correction of his
records to show award of the Army of Occupation Medal with Germany Clasp.

2.  Evidence of record shows the FSM served in the European Theater of
Operations during the period 17 October 1943 through 14 December 1945 which
is a qualifying period of service for award of the Army of Occupation Medal
with Germany Clasp.  Therefore, he is entitled to correction of his records
to show this award.

3.  The FSM's records show he was authorized wear of the European-African-
Middle Eastern Campaign Medal with 1 bronze service star.   Records show
the FSM participated in five campaigns during his military service.
Therefore the FSM is entitled to correction his records to show that he was
awarded the European-African-Middle Eastern Campaign Medal with 1 silver
service star.

4.  Records show that the FSM completed a qualifying period of service
between 7 December 1941 and 31 December 1946 for award of the World War II
Victory Medal.  Therefore, he is entitled to have his records corrected to
show award of the World War II Victory Medal.

BOARD VOTE:

_EEM___  _JCR____  _JTM ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  deleting the European-African-Middle Eastern Campaign Medal with
1 bronze service star; and
      b.  by awarding the Army of Occupation Medal with Germany Clasp,
European-African-Middle Eastern Campaign Medal with 1 silver service star,
and the World War Victory Medal.





                                 John T. Meixell____
                                 CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015771                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]