IN THE CASE OF:	  

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110022275 


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 correction of his record to add the Army of Occupation Medal with Germany and Austria clasps.

2.  The applicant states he was assigned to Company E, 2nd Battalion, 14th Infantry Regiment, 71st Infantry Division.  According to the National Archives and Records Administration, he is entitled to these awards because he was involved in the occupation of Germany and Austria in May 1945.

3.  The applicant provides a printout from the Internet and a letter from the Army Review Boards Agency, dated 12 May 2011.

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 complete 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant's WD AGO 
Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

3.  His available records show he was inducted into the Army of the United States in Hartford, CT, on 26 October 1942 and he entered active duty on 9 November 1942.  He held military occupational specialty 745 (Rifleman).

4.  His WD AGO Form 53-55 shows he was honorably discharged from active duty on 12 March 1946 in the grade of staff sergeant.  He was credited with 3 years, 4 months, and 4 days of active duty; 1 year, 1 month, and 13 days of which were foreign service.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) – Company E, 14th Infantry Regiment
* item 31 (Military Qualifications and Date) – Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Parachutist Badge
* item 32 (Battles and Campaigns) – Central Europe and Rhineland
* item 33 (Decorations and Citations) – Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal, American Theater Campaign Medal, and World War II Victory Medal
* item 36 (Foreign Service) –

* he departed the continental United States (CONUS) on 26 January 1945 and arrived in the European theater of operations (ETO) on 6 February 1945
* he departed the ETO on 28 February 1946 and arrived in CONUS on 8 March 1946

5.  He provides an Internet printout pertaining to the Army of Occupation Medal.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This pamphlet shows his unit of assignment was awarded the Army of Occupation Medal with Germany Clasp for the periods 2 May 1945-27 December 1945 and 11 June 1945-1 September 1946.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.

	b.  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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The Army of Occupation Medal was established by War Department General Orders 32, dated 1946.

		(1)  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 any of the following:

* Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955
* Army of Occupation of Austria between 9 May 1945 and 27 July 1955
* Army of Occupation of Berlin between 9 May 1945 and 2 October 1990

		(2)  Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

		(3)  Soldiers who served in the European theater during the occupation of Europe will wear the clasp inscribed "Germany."  Clasps bearing other inscriptions are not authorized.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

2.  The unit he served with during World War II was credited with two campaigns during his period of assignment.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show two bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal.

3.  The evidence of record shows his unit was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.

4.  Department of the Army Pamphlet 672-1 does not credit his unit with the Army of Occupation of Austria.  In addition, an “Austria Clasp” is not an authorized device.  Therefore, he is not entitled to correction of his WD AGO Form 53-55 to show an additional Army of Occupation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X  ___  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge for service from 6 February 1945 to 8 May 1945 during World War II


* adding the following awards to his WD AGO Form 53-55 –

* Bronze Star Medal
* two bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal
* Army of Occupation Medal with Germany Clasp

2.  The Board further determined 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 adding an Army of Occupation Medal with Austria Clasp 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)                                         AR20110022275



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ABCMR Record of Proceedings (cont)                                         AR20110022275



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