IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110022744
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 that the records of his father, a deceased former service member (FSM), be corrected to show the Army of Occupation Medal with Germany Clasp.
2. He states the 266th Combat Engineer Battalion, a component of the 66th Division, moved to occupation duty in Germany in the Koblenz subarea.
3. He provides the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), FSM's death certificate, his own birth certificate, internet articles related to the Army of Occupation Medal, and other miscellaneous documents.
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 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, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows the FSM was inducted into the Army of the United States on 3 April 1943. He was awarded military occupational specialty number 059 (Construction Foreman) and the highest rank he held during his tenure of service was sergeant.
4. The FSM's WD AGO Form 53-55 shows he arrived in the European Theater of Operations on 13 December 1944 and was credited with participation in the Northern France, Rhineland, and Central Europe campaigns. He departed for return to the United States on 1 September 1945.
5. The FSM was honorably discharged on 10 December 1945 due to demobilization after completing 2 years, 8 months, and 8 days of active service.
6. The FSM's WD AGO Form 53-55 shows:
a. his organization as the 66th Combat Engineer Battalion; and
b. the American Theater Service Medal, European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.
7. The applicant provided an internet article which stated the 66th Division moved to Germany on occupation duty, in the Koblenz subarea, on 20 May 1945, and left for Marseille, on 26 May 1945.
8. 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.
9. Army Regulation 600-8-22 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 European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.
10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal. This pamphlet does not show that the 66th Engineer Combat Battalion or the 66th Infantry Division was awarded occupation credit for World War II.
DISCUSSION AND CONCLUSIONS:
1. It appears the 66th Division moved to Germany on occupation duty. However, it appears the organization was there for less than 1 week before moving on to a location in France.
2. The Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show the 66th Engineer Combat Battalion, 66th Infantry Division was awarded occupation credit for World War II. As such, there is no basis for adding this award to FSM's WD AGO Form 53-55.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20110022744
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ABCMR Record of Proceedings (cont) AR20110022744
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