IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110024044 

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, the son of a deceased former service member (FSM), requests award of the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp on behalf of his father.

2.  The applicant states his father was on active duty from 21 February 1941 through 26 February 1945 so he earned the World War II Victory Medal.  He was assigned to units in Frankfurt and Giessen, Germany, from May to October 1945, which should qualify him for the Army of Occupation Medal with Germany Clasp.  He is providing orders that show his father served in Germany but the orders do not indicate the location of his assignments.

3.  The applicant provides:

* the FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service)
* the FSM's Honorable Discharge Certificate
* the FSM's Certificate of Death
* Special Orders Number 178, issued by Headquarters, Advance Section, Communications Zone, European Theater of Operations (ETO), dated 29 June 1945
* Special Orders Number 248, issued by Headquarters, U.S. Forces, European Theater, dated 9 September 1945 
* A one-page typed description of the FSM's duties


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 was appointed as a Reserve Quartermaster Corps second lieutenant and he executed an oath of office on 20 March 1939.  He entered active duty on 21 February 1941 at Somerville, MA, and he held military occupational specialty 4130 (Subsistence Procurement Officer).  He was promoted to first lieutenant on 19 June 1942 and to captain (CPT) on 3 April 1943.

3.  His WD AGO Form 53-98 shows he departed the continental United States (CONUS) on 5 August 1942 and arrived in the ETO on 17 August 1942.

4.  His WD AGO Form 66-1 (Officer's and Warrant Officer's Qualification Card) shows he was assigned to Headquarters and Headquarters Detachment (HHD), 56th Quartermaster Base Depot, from 2 May to 15 September 1945. 

5.  He departed the ETO on 12 October 1945 and arrived back in CONUS on 21 October 1945.

6.  The FSM was honorably released from active duty on 26 February 1946 in the rank of CPT at Fort Monmouth, NJ.  He completed 1 year, 9 months, and 19 days of continental service and 3 years, 2 months, and 16 days of foreign service.

7.  Item 28 (Battles and Campaigns) of his WD AGO Form 53-98 shows he participated in the following five campaigns:

* Normandy (6 June - 24 July 1944)
* Northern France (25 July - 14 September 1944)
* Rhineland (15 September 1944 - 21 March 1945)


* Ardennes-Alsace (16 December 1944-25 January 1945)
* Central Europe (22 March-11 May 1945)

8.  Item 29 (Decorations and Citations) of his WD AGO Form 53-98 shows the:

* European-African-Middle Eastern Campaign Medal
* Bronze Star Medal
* American Defense Service Medal
* American Theater Campaign Ribbon

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  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.  A bronze service star is authorized with this award for each campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.

10.  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 individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War.  This pamphlet shows HHD, 56th Quartermaster Base Depot received occupation credit for Germany during the period 2 May through 27 December 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the FSM served during a qualifying period of service for entitlement to the World War II Victory Medal.  Therefore, the FSM's WD AGO Form 53-98 should be corrected to show this award.

2.  The FSM's unit received occupation credit for Germany during his period of assignment.  Therefore, the FSM's WD AGO Form 53-98 should be corrected to show this award.

3.  The FSM participated in five campaigns while serving in World War II.  Therefore, the FSM's WD AGO Form 53-98 should be corrected to show the European-African Middle Eastern Campaign Medal with one silver service star.

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 individual concerned be corrected by:

	a.  deleting from item 29 of the FSM's WD AGO Form 53-98 the European-African-Middle Eastern Campaign Medal;

	b.  adding to item 29 of the FSM's WD AGO Form 53-98 the:

* Army of Occupation Medal with Germany Clasp
* European-African-Middle Eastern Campaign Medal with one silver service star

	c.  issuing the applicant the:

* Army of Occupation Medal with Germany Clasp
* European-African-Middle Eastern Campaign Medal with one silver service star
      __________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)                                         AR20110024044



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ABCMR Record of Proceedings (cont)                                         AR20110024044



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