IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008131
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 with Germany Clasp to her late father, a former service member (FSM).
2. The applicant states her father served in Germany during the period that would qualify him for award of the medal.
3. The applicant provides copies of the FSM's two WD AGO Forms 53-55 (Enlisted Record and Report of Separation Honorable Discharge), the FSM's death certificate, and her 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 complete 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. Information herein was obtained from documents provided by the applicant.
3. The FSM's WD AGO Forms 53-55 show the following:
* continuous service on active duty from 6 March 1943 through 1 May 1947
* service in Germany from 24 April through 5 May 1945, 15 May through 5 June 1945, and 5 August through 28 November 1945
* his last unit of assignment as the 207th Medical Dispensary (Aviation)
* award of the Bronze Star Medal, Army Good Conduct Medal, World War II Victory Medal, European-African-Middle Eastern Campaign Medal, American Campaign Medal, and Army Lapel Button
* no battle or campaign credit
4. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal was awarded for 30 consecutive days of service at a normal post of duty in a qualifying location. For award of the Army of Occupation Medal with Germany Clasp during World War II, 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.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Register) shows the 207th Medical Dispensary (Aviation) was awarded occupation credit for Germany during the period 15 August-31 October 1945.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the FSM served with the 207th Medical Dispensary (Aviation) in Germany during a qualifying period for award of the Army of Occupation Medal with Germany Clasp. It would be appropriate to correct his WD AGO Form 53-55 for the period ending 1 May 1947 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 the evidence presented is 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 the FSM's WD AGO Form 53-55 for the period ending 1 May 1947 to show award of the Army of Occupation Medal with Germany Clasp.
_______ _ 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) AR20130008131
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ABCMR Record of Proceedings (cont) AR20130008131
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