IN THE CASE OF:	  

		BOARD DATE:	      15 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090006839 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Distinguished Unit Citation [known as the Presidential Unit Citation effective 4 November 1966] and the Army of Occupation Medal with Germany Clasp.

2.  The applicant states, in effect, that although he is entitled to award of the Presidential Unit Citation and the Army of Occupation Medal with Germany Clasp, they are not shown on his WD AGO Form 53-55.

3.  The applicant provides a copy of his WD AGO Form 53-55 as documentary evidence in support of this 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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using a copy of the applicant's WD AGO Form 53-55 which was obtained from the National Archives and Records Administration by the NPRC and provided to the ABCMR.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 1 February 1943 and entered active duty on 8 February 1943.  His military occupational specialty at the time of separation was Construction Equipment Mechanic (319).  The applicant held the rank of technician fifth grade on the date of his separation and this was the highest rank he attained while serving on active duty.  He was assigned to the 962nd Engineer Maintenance Company.  The applicant was honorably discharged on 28 November 1945 after completing a total of 2 years, 9 months, and 28 days of active military service.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows credit for participation in the following battles and/or campaigns:  Normandy, Northern France, Rhineland, Ardennes, and Central Europe.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows that he was awarded the Army Good Conduct Medal, the World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal with five bronze service stars.

6.  Item 37 (Total Length of Service ) of the applicant's WD AGO Form 53-55 shows he had a total of 9 months and 29 days of service within the continental limits of the United States and 1 year, 11 months, and 22 days of foreign service.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to establish eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation duty credit for World War II and the Korean War.  This publication shows the unit to which the applicant was assigned was awarded occupation credit for action in Germany during the applicant's tenure.  However, Department of the Army Pamphlet 672-1 does not show that the unit to which the applicant was assigned was awarded the Presidential Unit Citation.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of Presidential Unit Citation and the Army of Occupation Medal with Germany Clasp was carefully considered and determined to have partial merit.

2.  The evidence shows the applicant completed a period of qualifying service for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and entitled to correction of his records to show this award.

3.  The applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with five bronze service stars.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show he was awarded the European-African-Middle Eastern Campaign Medal with one silver service star in lieu of five bronze service stars.

4.  Department of the Army Pamphlet 672-1 does not show that the unit to which the applicant was assigned was awarded the Presidential Unit Citation.  Therefore, the applicant is not entitled to correction of his WD AGO Form 53-55 to show authorization for this award.

5.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement as pertains to award of the Presidential Unit Citation.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 amending his WD AGO Form 53-55 by:

	a.  deleting the European-African-Middle Eastern Campaign Medal with five bronze service stars,

	b.  adding the European-African-Middle Eastern Campaign Medal with one silver service star, and

	c.  adding the Army of Occupation Medal with Germany Clasp.

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 award of the Presidential Unit Citation.



      ___________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)                                         AR20090006839



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006839



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1