IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100024117
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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show award of the Army of Occupation Medal with Germany Clasp.
2. The applicant states the medal was not authorized until after he was discharged on 3 February 1946; therefore, it was not included on his separation document.
3. The applicant provides a personal account of events; his WD AGO Form
53-55; a National Personnel Records Center (NPRC) letter, dated 3 September 2010; and his honorable discharge certificate.
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's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members records at the NPRC in 1973. It is believed that his 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. The available evidence shows he was inducted into the Army of the United States on 8 March 1943. He served in the European Theater of Operations (ETO) from 10 March 1944 to 3 January 1946 with the 302nd Signal Operations Battalion. He was honorably discharged on 3 February 1946.
4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the following campaigns:
* Normandy
* Northern France
* Rhineland
* Central Europe
5. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the following:
* European-African-Middle Eastern Service Medal
* American Theater Service Medal
* Victory Medal World War II
* Good Conduct Medal
6. Item 37 (Total Length of Service) of his WD AGO Form 53-55 shows he served 1 year, 10 months, and 20 days in foreign service.
7. The applicant provides a personal account of his tour of duty in Germany from 26 March 1945 to 3 January 1946. He contends he should be considered for the Army of Occupation Medal from 8 May 1945 to 3 January 1946. In addition, he provides an authorization for shipment of awards from NPRC, St Louis, MO.
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 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. The same regulation states a bronze service star is authorized for wear on the European-African-Middle Eastern Campaign Medal for participation in each campaign.
10. 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 302nd Signal Operations Battalion was credited with the occupation of Germany during the period 20 May - 31 October 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant's military records are not available; however, his WD AGO Form
53-55 shows he served in the ETO from 10 March 1944 to 3 January 1946 with the 302nd Signal Operations Battalion. Department of the Army Pamphlet 672-1 shows this unit was credited with the occupation of Germany during the period 20 May - 31 October 1945. Therefore, it would be appropriate to award him the Army of Occupation Medal with Germany Clasp and correct his WD AGO Form 53-55 to show this award.
2. He participated in four campaigns while in the European Theater of Operations. Therefore, he is entitled to four bronze service stars to be affixed to his previously awarded European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these service stars.
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 applicant's WD AGO Form 53-55 the Army of Occupation Medal with Germany Clasp and four bronze service stars to be affixed to his previously awarded European-African-Middle Eastern Campaign 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) AR20100024117
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ABCMR Record of Proceedings (cont) AR20100024117
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