IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110016261 


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 reconsideration of his request for correction of his
DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army of Occupation Medal with Germany Clasp.

2.  The applicant states the Army Board for Correction of Military Records (ABCMR) Record of Proceedings cited that the 91st Antiaircraft Artillery (AAA) Group (Mechanized) was credited with occupation of Germany during the period 2 May to 27 December 1945, which is correct.  However, he was assigned to the 91st AAA Automatic Weapons (AW) Battalion, which was redesignated on
25 June 1950 from the 413th AAA Battalion.  This was part of the 12th AAA Group assigned to the 34th AAA Brigade, Seventh Army; the Army of Occupation of Germany.

3.  The applicant provides a unit history of the 12th AAA Group from the website:  http://www.usarmygermany.com.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100013788 on 21 December 2010.

2.  The applicant's military service 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 available for the Board to conduct a fair and impartial review of this case.

3.  The applicant had prior active duty enlisted service in the Air Force from
27 May 1947 through 26 November 1948.

4.  The applicant enlisted in the Regular Army (RA) on 22 March 1950 and he was honorably discharged on 9 June 1953 to reenlist.  His DD Form 214 is not available for this period of service.

5.  The applicant reenlisted in the RA for a period of 6 years on 10 June 1953.

6.  His DD Form 214 shows he entered into active service this period on 10 June 1953 at Stuttgart, Germany, and he was honorably discharged on 16 March 1954 at Fort Knox, Kentucky.

	a.  He had completed:

* 9 months and 3 days of net active service this period
* 4 years, 8 months, and 18 days of other service
* 7 months and 21 days of foreign service

	b.  Item 27 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* United Nations Service Medal
* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with 6 bronze campaign stars

	c.  Item 28 (Most Significant Duty Assignment) shows:  "A Battery, 91st AAA AW Bn (M)" (91st Antiaircraft Artillery Automatic Weapons Battalion (Mechanized)).

7.  In support of his application the applicant provides a unit history of the
12th AAA Group from the website:  http://www.usarmygermany.com.  It shows that on 25 June 1950, the 413th AAA Gun Battalion was redesignated as the
91st AAA AW (M) and plans were begun for the reactivation of the unit.  The unit was allotted to the RA, assigned to the European command on 16 February 1951, and reactivated in Karlsruhe, Germany on 1 April 1951.  The battalion was attached to the Seventh Army and placed under the 12th AAA Group.
8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows that qualifying service for the Army of Occupation Medal with Germany Clasp must have occurred between 9 May 1945 and 5 May 1955.  It also shows that:

	a.  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; and

	b.  it is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to the Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration that he should be awarded the Army of Occupation Medal with Germany Clasp was carefully considered.

2.  The evidence of record shows in the original consideration of the applicant's case, the 91st AAA Group (M) was inadvertently identified as the applicant's unit. As a result, the applicant's request was denied.  However, records show the applicant was actually assigned to the 91st AAA AW Battalion (M) in Germany.

3.  The evidence the applicant now provides, in the form of the unit's history, clearly shows the applicant's unit was part of the Army of Occupation of Germany during the period of service under review.  In addition, records show the applicant served in Germany for 7 months and 21 days.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show award of the Army of Occupation Medal with Germany Clasp.

4.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of the applicant's service in arms.


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 amendment of the ABCMR's decision in Docket Number AR20100013788, dated 21 December 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his 16 March 1954 DD Form 214 the Army of Occupation Medal with Germany Clasp.





      _______ _   __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)                                         AR20110016261



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ABCMR Record of Proceedings (cont)                                         AR20110016261



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