IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100023054 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of his deceased father, a former service member (FSM), to show award of the American Campaign Medal and the Army of Occupation Medal with Germany clasp.

2.  He states the FSM was eligible for these awards.  He maintains that the FSM served at Camp Roberts, California; Camp Butner, North Carolina; Camp Pickett Virginia; and Camp A.P. Hill, Virginia between 1942 and 1944.  Additionally, he states the FSM served at Bad Wildugen and Hofgeismar, Germany in June 1945 and July 1945, respectively.  He offers that the FSM was a driver for the commander of Headquarters Battalion, 78th Infantry Division. 

3.  He provides the following:

* Self-authored statement with photographs of the awards
* FSM's WD AGO Form 53-55
* Certificate of Death
* Scrapbook photos
* Excerpts from the Command Posts of the 78th Infantry Division in Germany 


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

3.  Records available to the Board show that the FSM was inducted into the Army of the United States on 16 July 1942.  He served in the European theater from
25 October 1944 to 1 October 1945 and was honorably discharged on
20 October 1945.

4.  Item 31 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the following campaigns:

* Ardennes 
* Central Europe 
* Rhineland

5.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows the following:

* Three Bronze Campaign Stars
* European African Middle Eastern Theater Ribbon
* Good Conduct Ribbon

6.  Item 37 (Total Length of Service) (Continental Service) of the FSM's WD AGO Form 53-55 shows he served 2 years, 4 months, and 5 days in the continental United States.

7.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows the 78th Infantry was awarded campaign credit for Ardennes, Central Europe, and Rhineland.  Additionally, the unit was credited with the occupation of Germany during the period 2 May - 27 December 1945.

8.  Army Regulation 600-8-22 (Military Awards) states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and
8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  

9.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and
2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

10.  Review of the FSM's WD AGO Form 53-55 indicates he is entitled to an additional award that is not shown on this form.  

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

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 shows he served in the continental U.S. between 16 July 1942 and 13 October 1944, prior to his tour in Germany.  Therefore the FSM is authorized the American Campaign Medal and entitled to correction of his records to show this award.  

2.  The FSM's military records are not available and there is no documented evidence of the unit he was assigned to while serving in Germany.  However, the campaigns he was credited with are consistent with those received by the 78th Infantry Division.  Based on the evidence provided, it is reasonable to assume that the FSM was assigned to the 78th Infantry Division.  Further, Department of the Army Pamphlet 672-1 shows the 78th Infantry Division was credited with the occupation of Germany during the period 2 May - 27 December 1945.  Therefore, in the interest of equity and justice, it would be appropriate to award the FSM the Army of Occupation Medal with Germany clasp.

3.  Evidence of record shows the FSM completed a qualifying period of service for the award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records 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 adding to the FSM's WD AGO Form 53-55 the:

* American Campaign Medal
* Army of Occupation Medal with Germany Clasp
* 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)                                         AR20100023054





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ABCMR Record of Proceedings (cont)                                         AR20100023054



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