RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 December 2007
DOCKET NUMBER: AR20070009554
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.
Ms. Catherine C. Mitrano
Director
Ms. Stephanie Thompkins
Analyst
The following members, a quorum, were present:
Ms. Kathleen Newman
Chairperson
Ms. Rose M. Lys
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, in effect, that his already-awarded Army of Occupation Medal, with Germany Clasp, be changed to the Army of Occupation Medal, for Italy.
2. The applicant states, in effect, that he should have been awarded the Army of Occupation Medal, for Italy, because he was stationed in Italy, not Germany.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. 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 applicants 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.
3. The applicant's military records show that he enlisted in the Army of the United States, as a private, on 31 May 1945. He was honorably discharged from the Army of the United States on 22 October 1945, to enlist in the Regular Army. He enlisted in the Regular Army on 23 October 1945. He completed training in military occupational specialty (MOS) 669, Military Policeman-Occupied Territory.
4. The applicant served in the European Theater from 29 November 1945 through 29 February 1947, with the 1776th Engineer General Services Company.
5. The applicant was honorably discharged from active duty, as a private first class, on 4 April 1947, for the convenience of the Government, at demobilization. Item 31 (Military Qualification and Date), of his WD AGO Form 53-55, shows he received the Marksman Marksmanship Qualification Badge, with Rifle Bar. Item 33 (Decorations and Citations) lists the following awards: the World War II Victory Medal and the Army of Occupation Medal, with Germany Clasp. Item 55 (Remarks) shows he was issued one Overseas Service Bar and the Honorable Service Lapel Button.
6. 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, and escort on 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. Army Regulation 600-8-22 also provides, in pertinent part, for award of the Army of Occupation Medal for Italy, qualifying service must have occurred between 9 May 1945 and 15 September 1947, in the compartment of Venezia Giulia E. Zara, Province of Udine, or with a unit listed in General Orders Number 4, dated 1947.
8. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant's unit, the 1776th Engineer General Service Company, was awarded occupational credit for the occupation of Germany from 2 May 1945 to 30 November 1945. He is therefore entitled to the Army of Occupation Medal, with Germany Clasp.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show the applicant served in Italy during the qualifying period of service between 9 May 1945 and 15 September 1947, for which an Army of Occupational Medal was awarded. As a result, there is insufficient evidence upon which to correct his record to show award of the Army of Occupation Medal for Italy.
2. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_KAN____ __RML__ _EM____ 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 for correction of the records of the individual concerned.
___ K A Newman______
CHAIRPERSON
INDEX
CASE ID
AR20070009554
SUFFIX
RECON
DATE BOARDED
20071206
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19470404
DISCHARGE AUTHORITY
AR615-365
DISCHARGE REASON
Convenience of the Government
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.67
2.
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4.
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6.
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