RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 December 2007
DOCKET NUMBER: AR20070010805
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. Jeanne Marie Rowan
Analyst
The following members, a quorum, were present:
Mr. William Powers
Chairperson
Mr. Michael Flynn
Member
Ms. Sherry Stone
Member
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.
2. The applicant states, in effect, that this award is not listed on his honorable discharge document.
3. The applicant provides as new evidence the following documents for consideration with his application:
a. a copy of Army Board for Correction of Military Records (ABCMR) Docket Number AR2002077772;
b. Permanent Order 128-3, dated 8 May 2003, published by U. S. Total Army Personnel Command (PERSCOM), which shows he was awarded the Bronze Star Medal;
c. Permanent Order 128-2 dated 8 May 2003, published by PERSCOM, which shows he was awarded the Purple Heart;
d. DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 31 October 2003; and
e. a copy of an undated newspaper article which reports that members of the Timberwolves are eligible for the Army of Occupation Medal for service in occupied Germany.
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 applicants military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
5 July 1943. He served as a squad leader in the European Theater of Operations from 7 September 1944 through 26 January 1945 and was honorably discharged on 7 December 1945.
3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) with a separation date of 7 December 1945 does not show the Army of Occupation Medal with Germany Clasp as an authorized award. The same form does show award of the European-African-Middle Eastern Campaign Medal.
4. The applicant's WD AGO Form 53-55 shows that he was assigned to the 413th Infantry Regiment.
5. 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 (emphasis added) and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Army of Occupation Medal with Germany Clasp for his service in the European Theater of Operations. Records show he was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars for his service during the period 7 September 1944 through 26 January 1945.
2. The applicant is not entitled to award of the Army of Occupation Medal with Germany Clasp, as he was not physically present for duty in the country of Germany between 9 May 1945 and 5 May 1955. Records show he departed the European-African-Middle Eastern Theater of Operations on 26 January 1945, which is over three months prior to the period of service of eligibility for the Army of Occupation Medal with Germany Clasp.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___WP__ __MF __SS ___ 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.
_____William Powers_________
CHAIRPERSON
INDEX
CASE ID
AR20070010805
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071211
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
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