IN THE CASE OF:	  

		BOARD DATE:  3 January 2013

		DOCKET NUMBER:  AR20120011176 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Distinguished Unit Citation/Presidential Unit Citation (DUC/PUC), Army of Occupation Medal-Germany (AOM-Germany), American Campaign Medal (ACM), and World War II (WWII) Victory Medal.

2.  The applicant states he meets the requirements for the service awards in question.  His service in Germany qualifies him for the AOM-Germany and his division earned two DUC/PUC's between June 1944 and June 1945.

3.  The applicant provides his WD AGO Form 53-55 and Honorable Discharge Certificate 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 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 applicant's 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 the FSM's records were lost or destroyed in that fire.  This case is being considered primarily using the FSM's WD AGO Form 53-55.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 April 1943 and entered active duty on 3 May 1943.  He was honorably discharged on 11 October 1945 in the rank of master sergeant.

4.  The applicant's WD AGO Form 53-55 also shows he served in the European theater of operations (ETO) from 18 October 1943 through 8 July 1945 and he participated in the Normandy, Northern France, Rhineland, Central Europe, and Ardennes campaigns of WWII.  It also shows his unit as the 21st Field Artillery Battalion.

5.  The applicant's WD AGO Form 53-55 shows he was awarded or authorized the European-African-Middle Eastern Campaign Medal with five bronze service stars and Army Good Conduct Medal.  It also shows he completed a total of 2 years, 5 months, and 16 days of active duty service of which 1 year, 9 months, and 8 days were in the ETO.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Paragraph 5-11 contains guidance for the AOM.  It states the AOM is authorized for service in Germany between 9 May 1945 and 5 May 1955.  Service between 9 May and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.

	b.  Paragraph 5-12 contains guidance for the WWII Victory Medal.  It states the WWII Victory Medal is authorized for service between 7 December 1941 and 31 December 1946.

	c.  Paragraph 5-15 contains guidance for the ACM.  It states the ACM is authorized for service in the American theater within the continental United States (CONUS) for an aggregate period of 1 year between 7 December 1941 and 2 March 1946.

7.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-WWII) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This source confirms that during his tenure of assignment, the applicant's unit (21st Field Artillery Battalion, 5th Infantry Division) was authorized the AOM-Germany for service in Germany between 2 May and 4 July 1945.  There is no indication the unit was cited for the DUC/PUC during WWII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the AOM-Germany and WWII Victory Medal has been carefully considered and found to have merit.  The evidence confirms the applicant's unit was authorized the AOM-Germany for its service in Germany between 2 May and 4 July 1945, during the applicant's assignment tenure.  It also shows he is eligible for the WWII Victory Medal based on his WWII service.  As a result, it would be appropriate to add these awards to his WD AGO Form 53-55.

2.  The applicant's request to add the DUC/PUC and ACM has also been carefully considered.  However, by regulation to qualify for the ACM, a member must serve in the American theater within CONUS for an aggregate period of 1 year.  In this case, the applicant completed only 8 months and 8 days of service within CONUS.  Further, the applicant's unit was not cited for the DUC/PUC during WWII.  As a result, there is an insufficient evidentiary basis to support granting 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 the evidence presented is 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 adding the WWII Victory Medal and AOM-Germany to his WD AGO Form 53-55.

2.  The Board further determined 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 the ACM and DUC/PUC.



      _______ _  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)                                         AR20120011176



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ABCMR Record of Proceedings (cont)                                         AR20120011176



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