RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2007
	DOCKET NUMBER:  AR20060015978 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jerome Pionk

Member

Mr. Eddie Smoot

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 award of the Army of Occupation Medal with Germany Clasp.

2.  The applicant states, in effect, that his unit of assignment was Battery C, 580th Antiaircraft Artillery Automatic (AAA) Weapons Battalion (Mobile).  He contends that his unit was constantly relocated throughout Germany after cessation of hostilities and that he was reassigned to Company A, 409th Infantry Regiment for administrative/transportation purposes to return to the United States for discharge.    

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a letter, dated 31 August 2006, from the National Personnel Records Center in St. Louis, Missouri; a document titled “580th Antiaircraft Artillery Automatic Weapons Battalion Mobile” which shows the applicant was a member of Battery C; and a document titled, “History 580th AAA Auto Wpns Bn (Mbl).” 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 September 1945.  The application submitted in this case is dated 31 October 2006.

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 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 enlisted on 23 February 1940 and entered active duty on 
16 September 1940.  He served in the European Theater of Operations from 
23 December 1944 through 10 September 1945 and was honorably discharged on 28 September 1945.  

5.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows he was assigned to Company A, 409th Infantry.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he participated in two battles and campaigns (Rhineland and Central Europe).  His WD AGO Form 53-55 shows the Good Conduct Medal, the American Defense Service Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with two bronze service stars as authorized awards.       

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 409th Infantry participated in three campaigns (Ardennes-Alsace, Central Europe, and Rhineland) during World War II.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 580th AAA Weapons Battalion participated in two campaigns (Central Europe and Rhineland) during World War II and received occupation credit for Germany for the period 2 May 1945 to 
3 June 1945 and 5 July 1945 to 30 October 1945.

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.  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.  The Army of Occupation Medal with Germany Clasp is also authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  Service between 9 May 1945 and
8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows his organization was the 409th Infantry Regiment and that he participated in two battles and campaigns during World War II.  However, the Department of the Army Pamphlet 672-1 shows the 409th Infantry Regiment participated in three battles and campaigns during World War II.  Since the applicant contends that his organization was Battery C, 580th AAA Weapons Battalion, and the two campaigns shown in Department of the Army Pamphlet 672-1 for the 580th AAA Weapons Battalion are the same campaigns shown on his WD AGO Form 53-55, it is reasonable to presume he was assigned to this organization.  The 580th AAA Weapons Battalion also received occupation credit for Germany which entitles the applicant to the Army of Occupation Medal with Germany Clasp.  Therefore, it would be appropriate to correct item 6 on his WD AGO Form 53-55 to show the 580th AAA Weapons Battalion and award him the Army of Occupation Medal with Germany Clasp.   

2.  The applicant served a period of qualifying service for award of the Army of Occupation Medal with Germany Clasp.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 September 1945; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
1 January 1950 (3 years after the Board was established on 2 January 1947).  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

LS_____  __JP____  _ES_____  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 entry in item 6 on his WD AGO Form 53-55;

	b.  adding the entry, “Battery C, 580th AAA Weapons Battalion” in item 
6 on his WD AGO Form 53-55; and 

	c.  amending his WD AGO Form 53-55 to add the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.
	


_____Linda Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR20060015978
SUFFIX

RECON

DATE BOARDED
20070508
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0060
2.
100.0000
3.

4.

5.

6.