IN THE CASE OF:	  

		BOARD DATE:	       17 September 2008

		DOCKET NUMBER:  AR20080006224 


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 reconsideration of an earlier request for the Army of Occupation Medal with Germany Clasp. 

2.  The applicant states that he was with the 117th Signal Radio Intelligence Company at the end of hostilities in 1945 and that while waiting for the demobilization of his unit in Augsburg, Germany he was authorized to attend the Biarritz Army University in France to pursue several college courses.  He contends the semester lasted for two months and then he rejoined several members of the 117th Signal Radio Intelligence Company at the 7th Army Headquarters in Heidelberg, Germany where he remained until he returned to the United States.  He points out that his discharge document shows he was assigned to the 7th Army Headquarters as a draftsman and that his stay at Biarritz, France was for only two months and not as erroneously concluded in the original Proceedings [AR20070012498 erroneously states that he was awarded two military occupational specialties (MOSs) as a result of his schooling at the Biarritz University in France.  It appears that the entry, “TWO MOS” in item 41 (Service Schools Attended) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) stands for two months not two MOSs].     

3.  The applicant provides a copy of AR20070012498 and his original application with supporting documentation.   




CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070012498, on 20 February 2008.

2.  The applicant’s argument is new evidence which will be considered by the Board.  

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 was inducted and entered into active service on 11 March 1944. He arrived in the European Theater of Operations on 31 March 1945 

5.  Item 41 (Service Schools Attended) of his WD AGO Form 53-55 shows he attended Biarritz University in France for two months in 1945.

6.  The applicant departed the European Theater of Operations on 24 April 1946 and was honorably discharged on 9 May 1946.  

7.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows he was assigned to Headquarters, 7th Army.  

8.  The applicant’s WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, the American Campaign Medal, the Army Good conduct Medal, and the World War II Victory Medal.  It also shows he participated in one campaign.

9.  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.  It shows that the 7th U. S. Army was awarded occupation credit for the period 2 May through 31 October 1945 for Germany.


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, 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 for 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.

11.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal. 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s date of assignment to the 7th U. S. Army cannot be determined, his argument is plausible.  If he had attended Biarritz University shortly after his arrival in Europe, then after two months he would have been assigned to the 7th U. S. Army for a sufficient period to qualify for award of the Army of Occupation Medal with Germany Clasp.  Any reasonable doubt should be resolved in his favor.

2.  The applicant is also authorized to wear one bronze service star on his European-African-Middle Eastern Campaign Medal, and his WD AGO Form
53-55 should be amended to reflect this fact.

BOARD VOTE:

___xx___  ___xx___  ___xx___  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 amendment of the ABCMR’s decision in Docket Number AR20070012498, dated 20 February 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55 and by showing he is authorized to wear one bronze service star on his already-awarded European-African-Middle Eastern Campaign Medal.



      ________xxxx__________
               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)                                         AR20080006224



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ABCMR Record of Proceedings (cont)                                         AR20080006224



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