IN THE CASE OF:	

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100019585


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the Army of Occupation Medal-Berlin (AOM-Berlin).   

2.  The applicant states he served with the 82nd Airborne Division in Berlin, and he is entitled to the Army of Occupation Medal.

3.  The applicant provides his WD AGO Form 53-55, dated 29 December 1945, and a State of Michigan court order changing his last name from "Wxxxxxxxxxz" to "Wxxxxxs."

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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 15 December 1942.  A copy of his induction order is not available for review with this case.  He was awarded military occupational specialty 631 (Intelligence Specialist) and was assigned to the 3rd Battalion, 504th Parachute Infantry Regiment.

4.  On 12 February 1944, he arrived in the port city of Oran, in the northern-African nation of Algeria, and remained in northern-Africa and Europe until his departure on 16 December 1945.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the following four campaigns:

* Rome-Arno – (22 January – 9 September 1944)
* Rhineland – (15 September 1944 – 21 March 1945)
* Ardennes-Alsace – (16 December 1944 – 25 January 1945)
* Central Europe – (22 March – 11 May 1945)

5.  On 29 December 1945, he was honorably discharged under the provisions of Army Regulation 615-365.  His WD AGO Form 53-55 shows he completed          3 years and 15 days of total service during his period of active duty, including     1 year 10 months and 29 days of foreign service.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded:

* Combat Infantryman Badge (CIB)
* Basic Parachutist Badge
* Army Good Conduct Medal
* Distinguished Unit Badge [Presidential Unit Citation]
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 4 bronze stars and Arrowhead Device
* Belgium Fourragere
* Militaire Nillem

6.  A review of public internet sites, GlobalSecurity.org and Wikipedia.com, reveals his unit, the 3rd Battalion of the 504th Parachute Infantry Regiment, was subordinate to the 82nd Airborne Division, and was a member of its occupation force in Berlin beginning shortly after May 1945. 
7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the assault landings participated in, foreign unit awards earned, navy unit awards earned, and occupation credit received by units serving in World War II.  This pamphlet shows the unit to which he was assigned received occupation credit for the period 2 May to 31 October 1945, for Germany.

8.  A review of his records reveals he is entitled to additional awards not listed on his WD AGO Form 53-55.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty 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.  The Army of Occupation Medal with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 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 BSM is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and                 31 December 1946, both dates inclusive.

12.  War Department Technical Manual 12-236 (Preparation of Separation Forms), then in effect, and Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  These regulations establish standardized policy for the preparation of the separation document.  In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his WD AGO Form 53-55 to show the AOM-Berlin was carefully considered and was determined to have merit. 
   
2.  The evidence of record shows he served in Berlin, following its fall and as part of its occupation force, as a member of the 82nd Airborne Division; therefore he is entitled to award of the Army of Occupation Medal with Germany clasp, and to have his WD AGO Form 53-55 corrected to show this award.  

3.  By regulation, the BSM is authorized to be awarded to any member who received the CIB during World War II.  As a result, he is entitled to award of the BSM for his conduct in ground combat against an armed enemy, while serving in the European-African-Middle Eastern Theater of Operations, from 12 February 1944 through 16 December 1945, and to correct his WD AGO Form 53-55 to show this award.

4.  The evidence shows, based on his World War II active duty service during a qualifying period, he is eligible for the World War II Victory Medal and correction of his WD AGO Form 53-55 to show this award.

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 amending his WD AGO Form 53-55 to show he was awarded the Army of Occupation Medal with Germany Clasp and the Bronze Star Medal, and to show he is authorized the World War II Victory 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)                                         AR20090012437



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ABCMR Record of Proceedings (cont)                                         AR20100019585



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