IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013878
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, the son of a deceased former service member (FSM), requests correction of the FSM's military records to show award of the Army of Occupation Medal [with Germany clasp] and the World War II Victory Medal.
2. The applicant states the FSM's discharge document does not show either of these medals.
3. The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge); the FSM's Certificate of Death; and the applicant's driver's license, birth certificate, and Texas Department of Health Bureau of Vital Statistics showing the names of the applicant's mother and father.
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 FSM's military records are not available 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 are sufficient documents available to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 shows:
a. he enlisted in the Regular Army on 11 January 1941;
b. he served in the Field Artillery as a cook with Headquarters Battery, 372nd Field Artillery Battalion;
c. he served in the European Theater of Operation from 16 April 1944 to
19 September 1945;
d. he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns;
e. he was awarded the American Defense Service Medal, European-African-Middle-Eastern Campaign Medal with 5 bronze service stars, Good Conduct Medal, and was issued the Lapel Button; and
f. he was honorably discharged on 8 October 1945 at Fort Sam Houston, Texas.
4. Army Regulation 600-8-22 (Military Awards):
a. The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.
b. The World War II Victory Medal is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.
c. This regulation also provides for award of the Belgian Fourragere. It may be accepted and worn for service in a unit that has been cited twice in the Order of the Day by the Belgian Army.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War. This document shows that the 372nd Field Artillery Battalion, 99th Infantry Division, was twice cited in Department of the Army General Orders Number 43, dated in 1950, for award of the Belgian Citation in the Order of the Day for service on 8 November 1944 and during
16 December 1944 through 20 February 1945. This unit was also identified as having earned the Army of Occupation Medal for the period from 2 May to
18 September 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM's military records should be corrected to show award of the Army of Occupation Medal and the World War II Victory Medal.
2. Records clearly show that the FSM's unit was cited in general orders for award of the Belgian Fourragere and was eligible for the Army of Occupation Medal with Germany Clasp.
3. The available evidence clearly shows the FSM served during a qualifying period for award of the World War II Victory Medal.
4. In view of the above, the applicant's request should be granted.
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 showing, in addition to the awards already shown on the FSM's WD AGO 53-55,
that his awards include the Army of Occupation Medal, World War II Victory Medal, and the Belgian Fourragere.
_______ _ __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) AR20110013878
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ABCMR Record of Proceedings (cont) AR20110013878
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