IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20080000649 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, as the widow of a deceased former service member (FSM), requests that her late husband’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the Army of Occupation Medal with Germany Clasp.

2.  The applicant states, in effect, that the FSM’s time in Italy from 2 February 1944 to 20 August 1945 earned him this medal.  She contends that the medal was established in 1946, two months after the FSM was discharged, that the medal was not distributed until later, and that there was no notification sent to qualified veterans.  She also states that the hostilities ended in Italy on 9 May 1945 and that the FSM spent more than 30 days in the Verona, Italy area after this date, thus meeting the criteria for the Army of Occupation Medal with Germany Clasp.   

3.  The applicant provides the FSM’s death certificate; an extract from World War II Order of Battle, An Encyclopedic Reference to U.S. Army Ground Forces from Battalion through Division 1939 to 1946; an excerpt pertaining to the Army of Occupation Medal with Germany Clasp; a map of the 88th Infantry Division’s campaign in Italy 1944-1946; a copy of the FSM’s WD AGO Form 53-55; and the FSM’s obituary.  

CONSIDERATION OF EVIDENCE:

1.  The FSM’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 FSM’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.  

2.  The FSM was inducted on 18 November 1942 and entered active duty on 
3 December 1942.  He served in the European Theater of Operations from 
24 December 1943 through 20 August 1945 and was honorably discharged on 
1 November 1945.  

3.  Item 6 (Organization) on the FSM’s WD AGO Form 53-55 shows he was assigned to Cannon Company, 350th Infantry Battalion.  His WD AGO Form 
53-55 shows the Good Conduct Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with three bronze service stars as authorized awards.  His WD AGO Form 53-55 also shows that he received the Combat Infantryman Badge.       

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 350th Infantry Regiment, 88th Infantry Division did not receive occupation credit for Germany.

5.  Department of the Army Pamphlet 672-1 does show that the 350th Infantry Regiment, 88th Infantry Division received the French Croix de Guerre for actions during the period 1 December 1943 to 31 July 1944 based on Department of the Army General Orders Number 43, dated 1950.

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, 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.  For award of the Army of Occupation for service in Italy, qualifying service must have occurred between 9 May 1945 and 15 September 1947 in the compartment of Venezia Giulia E. Zara or Province of Udine, or with a unit in Italy as designated in Department of the Army general orders 4, dated 1947.  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.

7.  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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  Department of the Army Pamphlet 672-1 does not show that the FSM’s unit received occupation credit for Italy.  Regrettably, in the absence of unit historical records to verify the mission of the FSM’s unit while in Italy there is insufficient evidence on which to base award of the Army of Occupation Medal with Germany Clasp in this case.  

2.  The FSM’s unit received the French Croix de Guerre while he was assigned to it.

3.  The FSM served a period of qualifying service for award of the World War II Victory Medal. 

4.  Based on the Combat Infantryman Badge, the FSM is eligible for the Bronze Star Medal. 

5.  Evidence shows that the FSM’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XX____  __XX____  ___XX__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add the “French Croix de Guerre – Unit Citation – No Emblem Authorized,” the World War II Victory Medal, and the Bronze Star Medal (based on award of the Combat Infantryman Badge) to his WD AGO Form 53-55. 



       _                XX___________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000649



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ABCMR Record of Proceedings (cont)                                         AR20080000649


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