IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120002025
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 military records of his grandfather, a former service member (FSM), be corrected to show the FSM is authorized the Army of Occupation of Germany Medal.
2. The applicant states the FSM served in the U.S. Army in Germany between 12 November 1918 and 11 July 1923. This meets the requirement for the Army of Occupation of Germany Medal.
3. The applicant provides:
* a statement, dated 23 January 2012, with 17 attachments
* the FSM's Honorable Discharge Certificate/Enlistment Record, dated 9 August 1919
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 complete 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, along with documents the applicant provided, for the Board to conduct a fair and impartial review of this case.
3. The FSM enlisted in the Regular Army on 29 March 1918 for the Medical Department.
4. The applicant provided the FSM's Honorable Discharge Certificate/Enlistment Record. The FSM served in the Meuse-Argonne Campaign and was authorized the World War I Victory Medal (originally known as the Victory Medal) with Meuse-Argonne Clasp.
5. Transfer endorsements show the FSM sailed from the United States for foreign service on 16 September 1918 and returned to the United States on 1 August 1919. His assignments included:
* transfer on or about 13 January 1919 from Medical Supply Depot Number 2, 3rd Army, Army Expeditionary Force to Evacuation Hospital Number 14 in Coblenz, Germany
* transfer on or about 14 March 1919 from Evacuation Hospital Number 14 to Evacuation Hospital Number 26 in Coblenz, Germany
6. Headquarters, Evacuation Hospital Number 26, Coblenz, Germany Hospital Order Number 41, dated 3 July 1919, lists the FSM as a member of Evacuation Hospital Number 26 and authorized the Victory Medal and one bronze service star for the Meuse-Argonne Campaign.
7. The FSM was honorably discharged on 9 August 1919.
8. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation of Germany Medal was established by the act of 21 November 1941, (55 Stat. 781) for service in Germany or Austria-Hungary between 12 November 1918 and 11 July 1923.
DISCUSSION AND CONCLUSIONS:
The transfers and assignments to Evacuation Hospital Number 14 and Evacuation Hospital Number 26 and the orders authorizing him the Victory Medal are sufficient to show the FSM served in Germany between 12 November 1918 and 11 July 1923. Therefore, he is authorized the Army of Occupation of Germany Medal.
BOARD VOTE:
___X ___ ___X____ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 issuing an appropriate document to show the FSM is authorized the Army of Occupation of Germany Medal.
__________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) AR20120002025
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ABCMR Record of Proceedings (cont) AR20120002025
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