IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007000
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 award of the Army of Occupation Medal.
2. The applicant states he served with the 92nd Signal Battalion in Vienna, Austria from October 1945 to March 1946.
3. The applicant provides:
* National Archives (NA) Form 13075 (Questionnaire About Military Service), Page 2
* Headquarters, Delta Base Section Movement Order Number P548
* Occupational Force Travel Permit, for travel between Salsburg and Vienna, Austria
* Vienna Pass
* 92nd Signal Battalion Membership Card
* Austria Christmas Menu, dated 25 December 1945
* Letter to the Chief, Case Management Division, dated 5 April 2013
* Army of the United States Honorable Discharge Certificate, dated 9 April 1946
* WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 9 April 1946
* Restricted Extract, Special Order 272, dated 29 September 1945
* Restricted Extract, Special Order Number 173, dated 4 December 1945
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 entered on active duty from the Enlisted Reserve Corps on
31 May 1943. He completed training as a radio operator. He arrived in the European Theater of Operations on 16 February 1945. He departed the European Theater of Operations en-route to the United States on 26 March 1946.
3. On 9 April 1946, the applicant was honorably discharged. His WD AGO Form 53-55 shows he participated in the Central Europe and the Rhineland Campaigns. Item 32 (Decorations and Citations) on his WD AGO Form 53-55 shows the following awards:
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
4. 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. The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Austria between 9 May 1945 and 27 July 1955.
5. Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the appropriate service or campaign medal, including the European-African-Middle Eastern Campaign Medal, for participation in each credited campaign.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This document shows that the 92nd Signal Battalion was awarded occupation credit for service in Austria from 21 May to 27 December 1945.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 shows he arrived in the European Theater of Operations on 16 February 1945 and he departed on 26 March 1946.
2. The available evidence clearly shows that the applicant was assigned to the 92nd Signal Battalion in Austria during a qualifying period for award of the Army of Occupation Medal with Germany Clasp.
3. He is also authorized two bronze service stars to be affixed to his already- awarded European-African-Middle Eastern Campaign 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 amending his WD AGO Form 53-55 to add the Army of Occupation Medal with Germany Clasp, and two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign 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) AR20130007000
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ABCMR Record of Proceedings (cont) AR20130007000
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