IN THE CASE OF:
BOARD DATE: 14 April 2009
DOCKET NUMBER: AR20080018297
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 and issuance of the Army of Occupation Medal (AOM).
2. The applicant states that he served with the 5th and 102nd Infantry Divisions from Normandy through Central Europe. He was in Bavaria in the summer of 1945. He adds that he was serving with the 103d Signal Company during the time that unit earned occupation credit.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
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. The information contained herein was derived from the applicant's WD AGO Form 53-55.
3. The applicant enlisted in the Regular Army on 18 March 1941 and was awarded the military occupational specialty of installer/repairman telephone and telegraph.
4. The applicant arrived in the European Theater of Operations (ETO) on
11 May 1942, and was credited with participation in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe Campaigns. He departed the ETO on 10 September 1945.
5. He was honorably discharged on 27 September 1945 due to the demobilization of the force. His WD AGO Form 53-55 shows his unit as the 103d Signal Company.
6. Army Regulation 600-8-22 provides that the AOM is awarded for service of 30 consecutive days at a normal post of duty while assigned to a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For service in Germany, the Soldier must have been in the qualifying country between 9 May 1945 and 5 May 1955.
7. Army Regulation 672-1 shows that the 103d Signal Company was awarded occupation credit for Germany and Austria during the time in question.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant's military records are not available, there is no record of his assignments.
2. However, the applicant states he was assigned to the 103d Signal Company and his WD AGO Form 53-55 shows he was assigned to the 103d Signal Company. As such, the preponderance of evidence shows that he was assigned to that unit.
3. Since the 103d Signal Company is credited with occupation credit for Germany, it would now be appropriate to correct the applicant's records to show that he was awarded the AOM with Germany Clasp and to add this award to his WD AGO Form 53-55.
BOARD VOTE:
___X____ ____X___ ___X___ 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 awarding him the AOM with Germany Clasp and to add this award to his WD AGO Form 53-55.
_______ _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) AR20080018297
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