BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100009312
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, the daughter of a deceased former service member (FSM), requests reconsideration of her earlier request that her late father be awarded the Army of Occupation of Germany Medal.
2. The applicant states:
* There is strong evidence that her father served in the occupation of Germany forces
* There is no doubt he served in the 125th Regiment, 32nd Division from September 1918 to May 1919 and during that time the 32nd Division was part of the occupation of Germany as attested to by the letter from General P to General L
* She believes her father has earned and should be awarded the medal
3. The applicant provides:
* Headquarters, Thirty-Second Division American Expeditionary Forces, General Orders Number 23, dated 28 March 1919
* letter, dated 23 February 2010, from a Member of Congress
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 AR20060004764 on 16 November 2006.
2. The applicant provided a copy of Headquarters, Thirty-Second Division American Expeditionary Forces, General Orders Number 23, dated 28 March 1919, which is a letter from the Commander-in-Chief (General P) to the 32nd Division Commander (Major General L). This letter states, in pertinent part, "Since the signing of the Armistice the 32nd Division has had the honor to act as a part of the Army of Occupation."
3. The general orders are new evidence which will be considered by the Board.
4. The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from his Military Record, honorable discharge certificate, and from other sources.
5. The FSM was inducted on 22 September 1917, as a private. He was honorably discharged in the grade of second lieutenant on 26 May 1919.
6. The FSM's Military Record shows the entry, "None," adjacent to the line, "Medal awarded." His Military Record shows the entry, "Served with 163rd Infantry and the 125th Infantry," adjacent to the line "Remarks."
7. On 27 September 1924, the FSM completed and submitted a WWC Form No. 1 to the War Department for adjusted compensation under the World War Adjusted Compensation Act. This form shows the FSM was assigned to Company A, 125th Infantry of the 32nd Division from September 1918 to May 1919. In Item
18 (Remarks) of this form, the FSM wrote, among other information, in his own hand, what appears to be "No" or "In" "Army of Occupation in Germany."
8. In accordance with the findings of the ABCMR on 16 November 2006, the FSM's records were corrected by adding the World War I Victory Medal with Battle Clasp for Meuse-Argonne and Service Clasp for France and World War I Victory Button-Bronze to his Military Record. The certificate was furnished on
5 June 2007.
9. The Army of Occupation of Germany Medal is awarded for service in Germany or Austria-Hungary between 12 November 1918 and 11 July 1923. This award was established by the act of 21 November 1941, (55 Stat. 781).
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the FSM was assigned to Company A, 125th Infantry of the 32nd Division from September 1918 to May 1919.
2. The applicant provided general orders which state the 32nd Division was part of the occupation of Germany during the time of the FSM's service during World War I.
3. Any reasonable doubt should be resolved in the FSM's favor; therefore, the general orders provided by the applicant are accepted as sufficient evidence on which to award the Army of Occupation of Germany Medal.
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 amendment of the ABCMRs decision in Docket Number AR20060004764, dated 16 November 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the Army of Occupation of Germany Medal to his Military Record; and
b. issuing the Army of Occupation of Germany Medal to the applicant.
___________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) AR20100009312
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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