IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120005501
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 correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Army of Occupation Medal with Germany Clasp.
2. He states the FSM was eligible for award of the medal based upon his performance of more than 30 consecutive days of service in occupied Germany during the prescribed period of time, but was honorably discharged before the medal was established. He discovered this oversight while reviewing his father's service records in preparation for his funeral.
3. He provides the FSM's WD AGO Form 53-55.
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 record is 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. This case is being considered using the WD AGO Form 53-55 provided by the applicant.
3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 8 June 1943 and entered active duty on 22 June 1943. His final unit of assignment was Group E, Civilian Censorship Division, Army Post Office (APO) 46. He was honorably discharged on 28 January 1946 after completing a total of 2 years, 7 months, and 21 days of active military service in order to accept civilian employment in the European Theater. He held the grade of technician third class on the date of separation.
4. The FSM's WD AGO Form 53-55 also contains the following pertinent information:
a. Item 32 (Battles and Campaigns) shows he participated in the Normandy campaign.
b. Item 33 (Decorations and Citations) shows he was awarded or authorized the European-African-Middle Eastern (EAME) Campaign Medal, Good Conduct Medal, and World War II Victory Medal.
c. Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the European Theater of Operations on 23 March 1944.
d. Item 37 (Foreign Service) shows he performed 1 year, 20 months, and 16 days of foreign service.
5. An internet search for history of the Civil Censorship Division during World War II revealed Group E of the Civil Censorship Division was located in Esslingen, Germany.
6. The Army Postal Service and Strength Accounting Branches of the Adjutant General's Office prepared a numerical listing of APOs during the period January 1942 to November 1947. This listing shows APO 46 was located in Italy from 17 to 30 June 1944, in France from 1 July 1944 to 21 June 1945, and in Germany from 22 June 1945 until the end of the occupation.
7. Army Regulation 600-8-22 (Military Awards) provides the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. 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) shows the Civil Censorship Detachment for the European Theater of Operations (the applicant's unit of assignment) was authorized occupation credit for Germany and, therefore, entitlement to the Army of Occupation Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's record should be corrected to show he was awarded the Army of Occupation Medal with Germany Clasp was carefully considered and determined to have merit.
2. The available evidence shows he served a qualifying period for award of the Army of Occupation Medal with Germany Clasp. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.
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 adding the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55.
__________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.
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