IN THE CASE OF:	  

		BOARD DATE:	       6 January 2009

		DOCKET NUMBER:  AR20080014370 


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 his records be corrected to show award of the Army of Occupation Medal with Germany Clasp and a bronze service star on his Asiatic-Pacific Campaign Medal.

2.  The applicant states he should have a bronze service star on his Asiatic-Pacific Campaign Medal and he is missing the Army of Occupation Medal with Germany Clasp.  He is 89 years old and is trying to get all of his affairs in order.

3.  The applicant provides a copy of a 26 March 1993 DA Form 1577 (Authorization for Issuance of Awards). 

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 service records were lost or destroyed in the fire at the National Personnel Records Center in 1973.  The totality of the available record is the DA Form 1577, the back page of his WD AGO Form 53-55 (Report of Service and Honorable Discharge) and orders for award of a Purple Heart.

3.  The WD AGO Form 53-55 shows the applicant's assignment to the Company C, 62nd Armored Infantry Battalion.  It lists his awards as the Purple Heart, the American Defense Service Medal, the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Distinguished Unit Citation (now known as the Presidential Unit Citation), the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It shows participation in four campaigns in the European Theater of Operations.

4.  His service outside of the Continental United States is shown as the Central Pacific Theater of Operations from 15 March 1942 through 19 March 1943 and the European Theater of Operation from 7 July 1944 through 9 September 1945.

5.  The 26 March 1993 DA Form 1577 lists his authorized awards as the Bronze Star Medal [based on award of the Combat Infantryman Badge], the Purple Heart, the Good Conduct Medal, the American Defense Service Medal, the Asiatic-Pacific Campaign Medal with one bronze service star, the European-African-Middle Eastern Campaign Medal with four bronze service stars, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, the Presidential Unit Citation, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The packet related to this action contains no supporting documentation for any of these awards.

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the 62nd Armored Infantry Battalion is credited with participation in three campaigns and received credit for occupation duty in Germany.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, the following:

	a.  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 such 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;

	b.  the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  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; and

	c.  the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he should have a bronze service star on his Asiatic-Pacific Campaign Medal and he is missing the Army of Occupation Medal with Germany Clasp.  

2.  The available records do not contain any documentation to support all of the authorized awards as listed on the DA Form 1577.

3.  Without supporting documentation to show what unit(s) the applicant served with while assigned duty in the Pacific Theater of Operations; it is impossible to determine which, if any, authorized campaign(s) he participated in.

4.  In addition to the awards listed on the WD AGO Form 53-55 the applicant is also authorized the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X__  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards listed on the WD AGO Form 53-55, the applicant is also authorized the Bronze Star Medal, the Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a bronze service star for wear on the Asiatic-Pacific Campaign Medal.  



      _______ _   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)                                         AR20080014370



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ABCMR Record of Proceedings (cont)                                         AR20080014370



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