IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120009047 


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, on behalf of his father:

* award of the World War II Victory Medal
* award of the Army of Occupation Medal
* correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show these awards

2.  The applicant states:

	a.  His father should have been awarded these awards.  The reason for his father's separation from active duty was due to demobilization.  He received a Purple Heart for wounds received on 4 August 1944 and he was awarded the Combat Infantryman Badge, Sharpshooter Badge, and the European Theater of Operations (ETO) Campaign Medal with four bronze service stars.  However, personnel at the National Personnel Records Center (NPRC) did not authorize the World War II Victory Medal for his father because it was not on his separation papers.  He also asked the NPRC for the Army of Occupation Medal on behalf of his father and it was denied, but no reason was given for the denial.

	b.  His father received battle participation credit for the campaigns of Normandy, Northern France, Rhineland, and Central Europe.  Stories he told family members indicated he was in those areas for more than 30 days.

	c.  The line on his WD AGO Form 53-55 about his demobilization in 15 December 1944 is confusing and he would like for it to be clarified.  His father was wounded on 4 August 1944 and 15 December 1944 would have been about the time he got out of the hospital.  He was with the 36th Armor Infantry Regiment when he was wounded, then he ended up in the 788th Engineer Fuel Distribution Company.  He returned to the United States from the ETO on 19 October 1945.

3.  The applicant provides:

* the FSM's WD AGO Form 53-55
* the FSM's Honorable Discharge Certificate
* three certificates
* a certificate of death
* a birth 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 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 that the FSM's records were lost or destroyed in that fire.  However, the applicant provided the FSM's WD AGO Form 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 June 1941 and entered active service on that date at Fort Snelling, MN.  This form also shows at the time of his separation, the FSM held the military occupational specialty of Platoon Sergeant and he was assigned to the 1004th Engineer Service Battalion.

4.  The FSM's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 5 September 1943 and he arrived in the ETO on 16 September 1943.  He departed the ETO on an unknown date and arrived back in CONUS on 19 October 1945.

5.  He was honorably discharged on 28 October 1945 by reason of demobilization at Camp McCoy, WI.  He completed 2 years, 2 months, and 19 days of service in CONUS, and 2 years, 1 month, and 15 days of foreign service in the ETO.

6.  This WD AGO Form 53-55 also shows in:

* Item 31 (Military Qualifications) the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Item 32 (Battles and Campaigns) that the FSM participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns
* Item 33 (Decorations and Citations) the Army Good Conduct Medal and the Purple Heart
* Item 55 (Remarks) the European-African-Middle Eastern Theater Service Medal, American Defense Service Medal, and four overseas service bars

7.  Item 40 of the FSM's WD AGO Form 53-55 shows he was separated for the convenience of the Government (demobilization) under the provisions of Army Regulation 615-365, dated 15 December 1944.  The date of 15 December 1944 that is listed is the effective date of Army Regulation 615-365, the authority under which the FSM was separated.

8.  The applicant provides:

	a.  A certificate, undated, issued to the FSM by Headquarters, 788th Engineer Petroleum Distribution Company wherein it certifies the FSM was authorized battle participation credit for the campaigns of Normandy, Northern France, Rhineland, and Central Europe.

	b.  A letter, dated 20 April 2012, from the NPRC, wherein it shows they issued the applicant, on behalf of his deceased father, the following awards:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
* American Defense Service Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 4 bronze service stars
* Combat Infantryman Badge (1st Award)
* World War II Honorable Service Lapel Button
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	b.  Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations or service within the continental United States for an aggregate period of one year.

	d.  Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 

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 does not show that the 1004th Engineer Service Battalion or the 788th Petroleum Distribution Company received occupation credit during World War II.



DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 shows he served in World War II during a qualifying period for award of the World War II Victory Medal and the American Campaign Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show these awards.

2.  The FSM was awarded the Combat Infantryman Badge; based on his award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal.  Therefore, his WD AGO Form 53-55 should be corrected accordingly.

3.  With respect to the Army of Occupation Medal, award of this medal requires the Soldier's unit to have been awarded occupation duty credit for a specific area.  While it cannot be verified, it appears the FSM may have served with the 788th Petroleum Distribution Company prior to his assignment to the 1004th Engineer Service Battalion.  However, neither of these units received occupation credit during World War II.  Therefore, the applicant is not entitled to this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  Awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge; and

b. adding to his WD AGO Form 53-55 the: 

* World War II Victory Medal
* American Campaign Medal
* Bronze Star Medal
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army of Occupation 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)                                         AR20120009047





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ABCMR Record of Proceedings (cont)                                         AR20120009047



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