IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080005464 


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 requests award of the Army of Occupation Medal with Germany Clasp and correction of the date he arrived in the European-African-Middle Eastern Theater of Operations from 22 July 1945 to 22 July 1944.

2.  The applicant states that he departed the United States on 15 July 1944 and arrived overseas on 22 July 1944, not 1945 as shown on his record.  He further adds that he served with the Headquarters of the 385th, 400th, and 388th Military Police Battalions and is entitled to award of the Army of Occupation Medal with Germany Clasp. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 25 March 1946; a copy of the National Personnel Record Center letter, dated 10 March 2008; and a self-authored letter, dated 13 March 2008, 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 applicant’s 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 applicant’s 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 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.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 March 1943 and entered active duty at Fort Custer, Michigan, on 19 March 1943.  He was trained in military occupational specialty (MOS) 776 (Radio Operator Low Speed).  This form also shows that he was assigned to the 590th Field Artillery Battalion.

4.  The applicant's WD AGO Form 53-55 shows he departed the United States on 15 July 1944 and arrived in the European-African-Middle Eastern Theater of Operations (EAMETO) on 22 July 1945.  He further departed the EAMTO on 8 March 1946 and arrived in the United States on 20 March 1946.

5.  The applicant's WD AGO Form 53-55 shows he completed 1 year, 4 months, and 1 day of continental service and 1 year, 8 months, and 6 days of foreign service.  He was honorably separated on 25 March 1946.

6.  Item 31 (Battles and Campaigns), of the applicant’s WD AGO Form 53-55, shows he participated in the Rhineland and Central Europe campaigns during World War II.

7.  Item 31 (Military Qualification and date) of the applicant's WD AGO Form
53-55 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. 

8.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-55, shows he was awarded the American Theater Ribbon, the Good Conduct Medal, the World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal with two bronze service stars.  Item 33 does not show award of the Army of Occupation Medal with Germany Clasp.


9.  In his self-authored letter, dated 13 March 2008, the applicant states that upon his return to the United States, he was asked what units he wanted to show on his discharge document and that he chose the 590th Field Artillery Battalion, 106th Infantry Division, thinking that all the units he served with would be shown on his discharge document. 

10.  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.  Paragraph 5-10 of this regulation also states, in pertinent part, that Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.  This publication shows that the 590th Field Artillery Battalion, was awarded occupation campaign credit during the period 5 July 1945 to 18 September 1945. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he completed 3 years and 7 days of military service, of which 1 year, 8 months, and 6 days was foreign service.  His WD AGO Form 53-55 further shows he departed the United States on 15 July 1944 and arrived in Europe on 22 July 1945.  The applicant could not have completed 1 year, 6 months, and 8 days of foreign service from 22 July 1945 (date he arrived) to 8 March 1946 (date he departed).  The arrival date appears to be a clerical error.  Therefore, the applicant is entitled to correction of his records to show the date of arrival as 22 July 1944.

2.  With respect to award of the Army of Occupation Medal with Germany Clasp, the applicant's WD AGO Form 53-55 shows he was assigned to the 590th Field Artillery Battalion.  Department of the Army Pamphlet 672-1 lists unit citations, foreign awards and occupation credit that units received during World War II.  The applicant's unit is listed as receiving occupation credit.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.


3.  While the sincerity of the applicant's claim to assignment to the Headquarters of the 385th, 400th, and 388th Military Police Battalions is not in doubt, there is no requirement or provision to list all the applicant's units of assignment on his WD AGO Form 53-55.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "22 July 1945" from Item 36 of the applicant's WD AGO Form 53-55 and replacing it with the entry "22 July 1944"; and

	b.  showing award of the Army of Occupation Medal with Germany Clasp.


															XXX
      ______________________
               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)                                         AR20080005464



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ABCMR Record of Proceedings (cont)                                         AR20080005464



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