BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100012549
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 the World War II (WWII) Victory Medal and the Germany Clasp for his already awarded Army of Occupation Medal.
2. The applicant states he never received his WWII Victory Medal even though he entered active duty on 9 October 1946 during the inclusive dates for award of the WWII Victory Medal. He further adds he is supposed to have a Germany Clasp for his Army of Occupation Medal.
3. The applicant provides:
* his WD AGO Form 53-55
* his Honorable Discharge Certificate
* his WD AGO Form 100 (Separation Qualification Record)
* internet downloads concerning both 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 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 applicant enlisted in the Regular Army for 2 years on 9 October 1946. Following Basic Combat Training, he completed Electricians' Specialist School at Fort Belvoir, VA. He was then transferred to the European Theater of Operations (ETO), arriving there on or about 18 April 1947.
3. The applicant served in Europe until August 1948 when he was returned to the United States for separation. He was honorably separated on 13 September 1948 at Camp Kilmer, NJ.
4. The applicant's WD AGO Form 53-55 shows he was awarded the Army of Occupation Medal.
5. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides:
a. The Army of Occupation Medal was established by War Department General Orders 32, 1946. It is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to any of the following areas: Germany, Austria, Italy, Berlin, Japan and surrounding islands, and Korea. Clasps are authorized for wear on the Army of Occupation Medal. Soldiers who served in the ETO during the occupation of Europe will wear the clasp inscribed "Germany."
b. The World War II Victory Medal was established by the act of Congress 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests addition of the Germany Clasp to his Army of Occupation Medal, and award of the WWII Victory Medal.
2. A review of the applicant's service records and pertinent regulations shows the applicant is entitled to the Germany Clasp and the WWII Victory 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 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 WWII Victory Medal and the Germany Clasp (for his Army of Occupation Medal)
* adding both 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) AR20100012549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100012549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100014067
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. Item 36 (Service Outside Continental United States and Return) of his WD AGO Form 53-55 shows he departed the United States for the ETO on 10 January 1945. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120000518
The applicant, the spouse of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * award of the World War II (WWII) Victory Medal * award of the Bronze Star Medal (BSM) based on award of the Combat Infantryman Badge (CIB) * participation credit for the Ardennes-Alsace campaign * award of the BSM with "V" Device 2. The applicant provides copies of the FSM's WD AGO Form 53-55,...
ARMY | BCMR | CY2005 | 20050003892C070206
The applicant requests, in effect, that the Army of Occupation Medal, with Japan Clasp, be removed from his WD AGO Form 53, Enlisted Record and Report of Separation – Honorable Discharge, and that the Army of Occupation Medal, with Korea Clasp, be added in its place. Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53, shows he was awarded the World War II Victory Medal and the Army of Occupation Medal, with Japan Clasp. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090016439
The applicant's military record is not available to the Board for review. Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2013 | 20130005945
The applicant, the daughter of a deceased former service member (FSM), requests correction to his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to: * show three bronze service stars affixed to his previously-awarded European-African-Middle Eastern Theater Campaign Medal * award and add the Bronze Star Medal based on award of the Combat Infantryman Badge * award and add the Purple Heart * add the "Ruptured Duck pin" (lapel pin) 2. This regulation also...
ARMY | BCMR | CY2011 | 20110013274
Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII. The evidence also shows that during his tenure of assignment, the applicants unit received participation credit for the Ardennes-Alsace, Central Europe, and Rhineland campaigns of WWII and as a result, item 32 of his WD AGO Form 53-55 should be corrected accordingly. As a result, there is insufficient evidence to support a correction of the record to show a 2nd award of the BSM.
ARMY | BCMR | CY2009 | 20090013059
Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2013 | 20130014054
The evidence of record shows the FSM's unit was awarded occupation credit for the occupation of Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Ardennes-Alsace campaign to his WD AGO Form 53-55, and b. adding the following awards to item 33 of his WD AGO Form 53-55: * Army of Occupation Medal with Germany Clasp * World War II Victory Medal * One silver service star affixed to his previously-awarded...
ARMY | BCMR | CY2012 | 20120004593
The applicant's military records are not available for review. The applicant's WD AGO Form 53-55 and the Western Union telegram he provides are sufficient to show he was wounded in action on 25 January 1945; therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the: * Bronze Star Medal based on...
ARMY | BCMR | CY2011 | 20110021086
The applicant requests correction of his record to add his Combat Infantryman Badge (CIB) and to be awarded the Bronze Star Medal (BSM). They also confirmed the applicant received the CIB at the same time they did and the BSM was authorized after the war ended for members of the infantry who held the CIB based on combat service during WWII and they received this award. Although the WD AGO Form 53-55 does not include the CIB, given the applicant held and served in a qualifying infantry MOS...