IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110011985
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 the award of the Army of Occupation Medal be added to his WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service).
2. The applicant states he served in Czechoslovakia, Austria, and Germany as a part of the Allied Occupation Forces following VE (victory in Europe) Day in various assignments directed by the division.
3. The applicant provides:
* Certificate of Service
* WD AGO Form 53-98
* Certificate in Lieu of Lost or Destroyed Discharge Certificate
* WD AGO Form 0150-2 (Transcript from Record of Service)
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. He was commissioned a second lieutenant in the Army of the United States and entered active service on 25 February 1943.
3. Item 15 (Record of Service) of his Officer's and Warrant Officer's Qualification Card shows he was assigned to the 180th Field Artillery Battalion from 2 October 1943 to 4 September 1945.
4. He entered the European-African-Middle Eastern Theater of Operations on
8 September 1944. He left the theater on 17 November 1945 and arrived in the U.S. on 26 November 1945.
5. On 29 January 1946, he was released from active duty. Item 29 (Decorations and Citations) of his WD AGO Form 53-98 does not show he is authorized the Army of Occupation Medal.
6. Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II. This document does not show the 180th Field Artillery Battalion received occupation credit during the period he was assigned.
DISCUSSION AND CONCLUSIONS:
1. His records show he was assigned to the 180th Field Artillery Battalion during the entire period he was in the European-African-Middle Eastern Theater of Operations.
2. DA Pamphlet 672-1 does not show his unit received occupation credit during the period he was assigned. Therefore, there is insufficient evidence to authorize him the Army of Occupation Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20110011985
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ABCMR Record of Proceedings (cont) AR20110011985
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