IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009436
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 the Army of Occupation Medal (AOM) with Germany Clasp be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States) and that he be issued this award.
2. The applicant states the award in question should be added to his DD Form 214 and he should be issued the award.
3. The applicant provides his DD Form 214, unit photograph, and assignment documents in support of his request.
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the applicant's DD Form 214 and the documents he submitted.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 26 December 1951 and served 1 year, 11 months, and 3 days until he was honorably released from active duty, in the rank of corporal, and transferred to the Army Reserve. Item 26 (Foreign Service) shows he completed 1 year, 9 months, and 21 days of overseas service. Item 29 (Most Significant Duty Assignment) lists Company A, 172nd Infantry Regiment, 43rd Infantry Division. The DD Form 214 lists no awards earned during this period of active service.
4. Unit history documents for the 43rd Infantry Division show the unit was alerted for service in Europe on 10 July 1951, and moved into its positions in Bavaria in the winter of 1951, ready to resist any aggressive assault on the keystone of Western democracy. The division's units were stationed in three German cities: Munich, Nurnberg and Augsburg. The 172nd Infantry Regiment was one of the divisions' units and was assigned to Warner Barracks, Munich, Germany.
5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 5-11 contains guidance on the AOM. It states it is awarded for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation in one of the identified areas. It further indicates the award is authorized for qualifying service in Germany (exclusive of Berlin) during the period from 9 May 1945 to 5 May 1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to add the AOM with Germany Clasp and to be issued the award has been carefully considered and found to have merit.
2. Although the applicant's records were not available to the Board, the DD Form 214 makes clear he served with the 172nd Infantry Regiment, 43rd Infantry Division, and that he completed 1 year, 9 months, and 21 days of overseas service. Historical unit records show the applicant's unit was assigned to and serving in Munich, Germany during the period of his overseas service, it is clear he served a qualifying period of service in Germany and is eligible to receive the AOM with Germany Clasp. As a result, it would be appropriate to add this award to his DD Form 214 and issue him the award medal set.
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 DD Form 214 and issuing him the medal set for this award.
_______ _ __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) AR20120009436
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