IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080011804
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, in effect, award of the Army of Occupation Medal with Germany Clasp.
2. The applicant states his occupation medal is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that as such, he is unable to join the VFW (Veterans of Foreign Wars). He notes the error occurred in August 1955 while assigned to Headquarters Company, 7th Army.
3. The applicant provides a copy of his separation document.
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 are not available 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 to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows he entered active duty on 1 December 1954 and served overseas for 1 year and 5 months. When he was released from active duty on 7 November 1956 his last duty assignment was recorded as Headquarters Company, 7th Army APO 46 in item 12 (Last Duty Assignment and Major Command). There is no indication when the applicant arrived overseas.
4. 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. Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.
5. According to information from the Center for Military History, 7th Army was originally activated in July 1943 in Tunisia and inactivated in March 1946 in Germany. On 24 November 1950 it was allotted to the Regular Army and activated at Vaihingen, Germany. Seventh Army remains a part of United States Army Europe.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant indicates in his application that the error in award of the Army of Occupation Medal with Germany Clasp occurred in August 1955 he does not indicate if that was the date of his arrival in Europe or not. However, while the evidence indicates the applicant was overseas for 17 months prior to being released from active duty in November 1956, unfortunately there is no indication that he was in Germany prior to 5 May 1955 when entitlement to the Army of Occupation Medal with Germany Clasp was terminated.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. 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
____X____ ____X____ ____X____ 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.
_______ _ _X______ ___
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) AR20080011804
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ABCMR Record of Proceedings (cont) AR20080011804
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