IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120005070
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, in effect, award of the Army Occupation Medal with Germany Clasp, Combat Service Commemorative Medal, World War II (WWII) Battle of the Bulge Commemorative Medal, American Defense Commemorative Medal, Foreign Expeditionary Service Commemorative Medal, and the Oversea Service Commemorative Medal and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show these awards.
2. The applicant states he desires to be awarded these awards and to have them added to his records if he is eligible to receive them.
3. The applicant provides:
* A three-page letter explaining his application
* A copy of his WD AGO Form 53-55
* A copy of his WD AGO Form 100 (Separation Qualification Record)
* A letter from the National Personnel Records Center (NPRC) authorizing the issuance of medal sets to him
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 applicant's 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 the applicant's records were lost or destroyed in that fire. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 12 February 1943 and entered active service on 19 February 1943. He completed his training as a light truck driver and he was transferred to the European Theater of Operations (ETO) on 9 May 1944.
4. He participated in the Northern France, Rhineland, and Central Europe Campaigns and he was assigned to Company G, 3rd Military Government Regiment.
5. He departed the ETO on 28 November 1945 and he was transferred to Indiantown Gap Military Reservation, PA where he was honorably discharged on 14 December 1945.
6. The WD AGO Form 53-55 he was issued at the time shows award of the:
* Army Good Conduct Medal
* American Theater Service Medal (American Campaign Medal)
* European-African-Middle Eastern Theater Service Medal (European-African-Middle Eastern Campaign Medal) with three bronze service stars
* WWII Victory Medal
7. Army Regulation 600-8-22 (Military Awards) 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.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) establishes eligibility for occupation duty credit for WWII and the Korean War. It shows no occupation credit granted for the Military Government Regiment.
9. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be granted occupation credit for Germany has been noted and appears to lack merit. The applicants unit was not granted occupation credit for that period.
2. Inasmuch as there are no records to establish with any degree of certainty where the applicant was serving, the applicable pamphlet must be relied on to determine his eligibility. Accordingly, it appears he is not eligible for award of the Army Occupation Medal.
3. Additionally, commemorative medals are not recognized by the Department of Defense and as such are not authorized for entry into Army records. Accordingly, there is no basis to grant his request to be awarded commemorative medals and to have them added to his records.
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) AR20120005070
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