BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110021277 


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, as the son of the former service member (FSM), requests correction of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Army of Occupation Medal with Germany Clasp.  In addition, the applicant requests that he be issued the medal set.

2.  The applicant states the FSM spent more than 30 days in Austria.

3.  The applicant provides:

* The FSM’s WD AGO Form 53-55
* Numerous copies of unit morning reports and unit orders from the U.S. National Archives and Records Administration
* State of Texas Certificate of Death, dated 21 December 2001
* Army of the United States 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 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 FSM’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 that the FSM's records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55, several unit morning reports and unit orders.  

3.  The applicant's WD AGO Form 53-55 for the period ending 28 March 1946 shows he was inducted on 24 September 1942 and entered active service that date.  He arrived in the European Theater of Operations (ETO) on 26 November 1944 and he was assigned to Cannon Company, 263d Infantry Regiment, 66th Infantry Division.

4.  Special Orders Number 238, issued by the 66th Infantry Division, show the FSM was reassigned to the 1101st Engineer Combat Group, effective 
29 September 1945.

5.  Headquarters Company, 1101st Engineer Combat Group, Morning Report dated 15 November 1945, indicates the FSM was one of 51 Soldiers who were transferred to the 1347th Engineer Construction Group.  

6.  Headquarters Company, 1347th Engineer Construction Group, Morning Report dated 12 March 1946, indicates the FSM had returned from furlough on the date of the report.  The morning report confirms the FSM had been reassigned.

7.  The FSM departed the ETO on 12 March 1946.  On 28 March 1946, he was honorably discharged.

8.  Item 31 (Military Qualification and Date) of the FSM’s WD AGO Form 53-55 shows award of the Combat Infantryman Badge.  Item 33 (Decorations and Citations) shows the FSM was awarded:

* World War II Victory Medal
* Good Conduct Medal 


* American Theater Campaign Medal
* European-African-Middle Eastern Campaign Medal with one bronze service star

9.  There is no evidence in the FSM’s service records that shows he was awarded the Bronze Star Medal.

10.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows the 1101st Engineer Combat Group was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May through 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Combat Infantryman Badge; therefore, he is eligible for the Bronze Star Medal (based on award of the Combat Infantryman Badge).  His WD AGO Form 53-55 should be amended to add this award.

2.  The available evidence shows the FSM was assigned to the 1101st Engineer Combat Group during a period of time the unit was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, the FSM’s WD AGO Form 53-55 should be amended to reflect this award.




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 FSM be corrected by:

* awarding him the Bronze Star Medal based upon award of the combat Infantryman Badge
* amending his WD AGO Form 53-55 to add the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp
* providing the applicant with an initial issue of a medal set for these awards



      _______ _  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)                                         AR20110021277



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ABCMR Record of Proceedings (cont)                                         AR20110021277



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