IN THE CASE OF:	  

		BOARD DATE:  18 April 2012

		DOCKET NUMBER:  AR20110020373 


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 award of the Army of Occupation Medal with Germany Clasp and American Campaign Medal.

2.  The applicant states:

* His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) indicated he served in the European Theater of Operations (ETO) from 20 February 1945 through the cessation of the hostilities and departed Europe on 29 March 1946
* He should be awarded the Army of Occupation Medal with Germany Clasp
* His WD AGO Form 53-55 indicates he served sufficient time in the American Theater to be awarded the American Campaign Medal
* He is now 88 years of age and in failing health and wants to be awarded his earned decorations

3.  He provides a copy of his WD AGO Form 53-55.

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 applicant's military 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 the applicant’s records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and the WD AGO Form 53-55 provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  His available records show he was inducted into the Army of the United States and entered active service on 22 May 1944.  He completed training and was assigned military occupational specialty 745 (rifleman).  

4.  He was honorably discharged from active duty, in the rank of private first class, on 16 April 1946, for the convenience of the Government at demobilization. 

5.  Item 6 (Organization) of his WD AGO Form 53-55 lists Company A, 81st Engineer Battalion.  Item 31 (Military Qualification and Date) of this form lists the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  

6.  Item 32 (Battle and Campaigns) shows he participated in the Central Europe, Northern France, Rhineland, and Rome-Arno campaigns.

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 lists the:

* European-African-Middle Eastern (EAME) Campaign Medal
* Good Conduct Medal
* World War II Victory Medal
* Service Lapel Button (listed in item 55 (Remarks)

8.  Item 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 lists:

* Mediterranean Theater of Operations from 29 November 1944 to 18 February 1945

* ETO from 20 February 1945 to 29 March 1946
* USA (United States of America) arrived on 9 April 1946

9.  Item 37 (Total Length of Service) shows he completed 5 months and 28 days of continental service and 1 year, 4 months, and 27 days of foreign service.  

10.  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 EAME Campaign Medal was awarded for service before 9 May 1945. 

11.  Army Regulation 600-8-22 also 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.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows his unit, the 81st Engineer Battalion, 106th Infantry Division, was cited award of the:

* Distinguished Unit Citation, for the period 16 to 23 December 1944, by War Department General Orders Number 100, dated 1945
* Army of Occupational Medal with Germany Clasp, for the period 20 May to 18 September 1945
* Citation in the Order of the Day of the Belgian Army, for the period 16 to 31 December 1944, by Department of Army General Orders Number 43, dated 1950

13.  Army Regulation 600-8-22 further states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 
14.  Army Regulation 600-8-22 also states the U.S. Army Military Personnel Center stated that no individual emblem will be presented to or worn by Army Soldiers who were in a unit cited by the Belgian Government for the Order of the 
Day.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1are not authorized an individual device.  The regulation does not list the Citation in the Order of the Day of the Belgian Army as an authorized or approved award for addition to separation documents.

15.  Army Regulation 600-8-22 further authorized a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  General orders confirm the applicant's unit was awarded the Presidential Unit Citation and Army of Occupation Medal with Germany Clasp.  As a result, it would be appropriate to add these unit awards to his record at this time. 

2.  General orders also confirm his unit was awarded the Citation of the Day of the Belgian Army.  Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made to his WD AGO Form 53-55 to show this citation.  

3.  The available evidence also confirms he participated in the Central Europe, Northern France, Rhineland, and Rome-Arno campaigns during World War II.  Therefore, he is entitled to four bronze service stars for wear on his EAME Campaign Medal and correction to his WD AGO Form 53-55 to show these bronze service stars.

4.  The available evidence shows he did not complete a qualifying period of service for award of the American Campaign Medal.  Therefore, he is not entitled to this award and its addition to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 

* deleting from Item 33 of the applicant's WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal
* adding to Item 33 of his WD AGO Form 53-55 the Presidential Unit Citation, Army of Occupation Medal with Germany Clasp, and European-African-Middle Eastern Campaign Medal with four bronze service stars
* adding to Item 55 of his WD AGO Form 53-55 the entry, "CITATION OF THE ORDER OF THE DAY IN THE BELGIAN ARMY CITATION - NO EMBLEM AUTHORIZED"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of the American Campaign Medal and its addition to his WD AGO Form 53-55.



      _________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)                                         AR20110020373





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ABCMR Record of Proceedings (cont)                                         AR20110020373



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