IN THE CASE OF:	  

		BOARD DATE:	  5 July 2012

		DOCKET NUMBER:  AR20120000646 


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 the records of her late grandfather, a former service member (FSM), to show award of the Army of Occupation of Germany Medal.

2.  The applicant states that according to the unit history, her grandfather served with his unit in Germany until 28 March 1919.  His honorable discharge document shows he was assigned to Company C, 317th Signal Battalion, and he was discharged at Camp Devens, MA, on 14 June 1919.  He fought honorably for his country and he deserves the recognition that he earned.  He participated in many battles and experiences in Germany.

3.  The applicant provides:

* FSM's WD AGO Form 525 (Honorable Discharge from the United States Army)
* FSM's Enlistment Record
* Internet article of the criteria for the Army of Occupation of Germany Medal
* memorandum, Headquarters, 317th Field Signal Battalion, dated 4 May 1919, subject:  Historical Services of the 317th Field Signal Battalion, U.S. Army, with the American Expeditionary Forces
* Station List of Unit Since Arrival in the American Expeditionary Forces
* FSM's marriage certificate
* FSM's death certificate
* 
applicant's mother's birth certificate
* applicant's parents' marriage certificate
* applicant's birth certificate
* applicant's marriage 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 were 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 his records were lost in that fire.  The primary records available are those provided by the applicant and consist of his Honorable Discharge and Enlistment Record.

3.  The available evidence shows the FSM was inducted into the Army of the United States and entered active duty on 22 September 1917 in Westfield, MA.  He had prior service from 23 February 1908 to 22 February 1911 with Battery B, 3rd Field Artillery, and from 13 August 1912 to 19 August 1913 with the Ordnance Detachment, Frankford Arsenal, PA.

4.  The FSM's Enlistment Record appears to show he was assigned to the 1st Company, 151st Depot Battalion, from 22 September 1917 to 6 February 1918.  He served as a member of the American Expeditionary Force during World War I with the 317th Field Battalion from 8 February 1918 to about June 1919.

5.  The FSM's Enlistment Record shows he participated in the following battles, engagements, skirmishes, or expeditions:

* St. Mihiel, 12 to 16 September 1918
* Meuse-Argonne, 26 September to 11 November 1918

6.  The FSM's Honorable Discharge and Enlistment Record indicate he was discharged from the Army on 14 June 1919 at Camp Devens, MA, by reason of demobilization per War Department Circular, dated 15 November 1918.

7.  The FSM's Honorable Discharge and Enlistment Record do not show he was issued any decorations, medals, badges, or citations.

8.  The 4 May 1919 memorandum and the Station List of Unit Since Arrival in the American Expeditionary Forces provided by the applicant do not give any clear indication that the FSM’s unit served in Germany.

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

	a.  The Army of Occupation of Germany Medal was established by the act of 21 November 1941, (55 Stat. 781).  It is awarded for service in Germany or Austria-Hungary between 12 November 1918 and 11 July 1923.

	b.  The World War I Victory Medal was established by War Department General Order Number 48, dated 1919.  The medal is awarded for service between 6 April 1917 and 11 November 1918 or with either of the following expeditions:  American Expeditionary Forces in European Russia between 12 November 1918 and 5 August 1919 and/or American Expeditionary Forces Siberia between 23 November 1918 and 1 April 1920.

	c.  Paragraph 6-16a of Army Regulation 600-8-22 states the Silver World War I Victory Button is issued to persons wounded in action during World War I and the Bronze World War I Victory Button is awarded to all others.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant do not clearly show that the FSM’s unit served in Germany.  Therefore, there is insufficient evidence to show he  served a qualifying period for award of the Army of Occupation of Germany Medal.

2.  The FSM served a qualifying period of service as a member of the American Expeditionary Force and is entitled to issuance of the Bronze World War I Victory Button.  He is also authorized the battle clasps for the Mihiel and Meuse-Argonne campaigns and correction of his records to show these awards.

3.  Evidence shows that the FSM records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the FSM’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show the FSM is authorized the World War I Victory Medal with Battle Clasp for the St. Mihiel and Meuse-Argonne campaigns.



      _______ _   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)                                         AR20120000646



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ABCMR Record of Proceedings (cont)                                         AR20120000646



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