IN THE CASE OF:	  

		BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130010869 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the correct year that he entered active duty and all of his authorized awards and decorations, including the Army of Occupation Medal for service in Trieste, Italy.

2.  The applicant states he was born in 1931 and he enlisted in the Regular Army (RA) on 8 November 1951.  However, his DD Form 214 shows he entered active duty in 1931.

   a.  He also states he should have been awarded the Army of Occupational Medal for performing duty in Trieste, Italy, from August 1952 to 12 October 1954.

   b.  He further states that U.S. Army personnel should be eligible for the Army of Occupation Medal just as U.S. Navy personnel are eligible for the Navy Occupation Service Medal for service in Trieste, Italy from 1947 [sic] to 1954.  

3.  The applicant provides copies of his birth and baptism certificates, and his induction and separation records.

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 service 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record, along with the DD Form 214 provided by the applicant, for the Board to conduct a fair and impartial review of this case.

3.  Headquarters, 5043rd Support Unit Personnel Center, Fort Sheridan, IL, Special Orders Number 36, dated 20 October 1954, released the applicant from active duty, in the rank of sergeant, on 21 October 1954 and transferred him to the U.S. Army Reserve (USAR) Control Group (Reinforcement), Wisconsin Military District, to complete his 8-year military service obligation.

4.  A review of the applicant's available military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 

5.  In support of his application the applicant provides the following documents:

   a.  Wisconsin State Board of Health, Bureau of Vital Statistics, and Certificate of Baptism, St. Kilian's Church, that show the applicant was born on 8 July 1931.

   b.  Selective Service System, Order to Report for Armed Forces Physical Examination, dated 27 February 1951, and Certificate of Acceptability, dated 
8 March 1951, that show, on 16 March 1951, the applicant was found acceptable for induction into the armed services.

   c.  DD Form 214 that shows the applicant enlisted and entered active duty in the RA, in the rank of private, for a period of 3 years; he was honorably released from active duty on 21 October 1954; and transferred to the USAR.  He had completed 2 years, 11 months, and 14 days of net/total active service that included 2 years, 2 months, and 13 days of foreign service.  It also shows in:

    	(1)  item 10 (Date of Birth):  8 July 1931;
    	(2)  item 19 (Date and Place of Entry into Active Service):  "8 Nov 31"
(i.e., 8 November 1931);

    	(3)  item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal; and

    	(4)  item 28 (Most Significant Duty Assignment):  351st Infantry.

   d.  National Archives and Records Administration, NA Form 13038 (Certification of Military Service), issued on 2 October 2009, that shows the applicant served honorably in the RA from 8 November 1951 to 21 October 1954.  It also shows he was born on 8 July 1931.

   e.  Veterans of Foreign Wars (VFW), Eligibility Information, that shows:

    	(1)  the Army of Occupation Medal is authorized for 30 consecutive days of duty in Italy from 9 May 1945 to 15 September 1947; and

    	(2)  the Navy Occupation Service Medal is authorized for:
 
* Italy from 8 May 1945 to 15 December 1947
* Trieste (Italy) from 8 May 1945 to 26 October 1954

   f.  Information on the Trieste United States Troops (TRUST) command from the Wikipedia website.  It shows that the Army command was established 1 May 1947 and the 351st Infantry Regiment of the 88th Division was assigned as the major unit that would deploy to the free territory.  It states, "The 88th Infantry Division, having completed its occupation mission in Italy, was inactivated
24 October 1947" and that "in 1952, the major combat unit in TRUST was the 
351st Infantry Regiment."

   g.  An article titled "Without Firing A Shot:  Occupation Duty as VFW Qualifier" from the Digital Edition website that shows occupation duty has a long history as qualifying service for VFW eligibility.  It also shows, in pertinent part, that the military government lasted in Italy proper until 15 September 1947, the date of the ratification of the Italian Peace Treaty.  Although Italy itself was not occupied after 1947, the 351st Infantry Regiment remained on duty in Trieste until
26 October 1954, when the city was restored to Italy.  Approximately 5,000 U.S. Soldiers formed TRUST.  The U.S Navy, however, did recognize its personnel offshore in the Adriatic Sea, up until October 1954, with the Navy Occupation Service Medal.

6.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 
27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The 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, escort, temporary, or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp for the Army of Occupation of Italy, service must have been between 9 May 1945 and 15 September 1947.  Qualifying service for this award must have been in the Compartment of Venezia Giulia E. Zara, the Province of Udine, or with a unit in Italy as designated in Headquarter, Department of the Army General Orders (DAGO) Number 4, dated 2 October 1947.

8.  DAGO Number 4, dated 2 October 1947, lists units designated as part of the Army of Occupation of Italy for the period 1 July 1946 to 15 September 1947.  It does not list the 351st Infantry Regiment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Forms 214 should be corrected to show he entered active duty in 1951 and all of his authorized awards and decorations.

2.  The evidence of record shows the applicant was born in 1931 and he was accepted for entry into the armed forces on 16 March 1951.

   a.  The applicant claims active duty service from 8 November 1951 through 21 October 1954.


	b.  A computation of this as the period of service shows the following:

	1954  10  21		date of separation from active duty
	- 1951  11  08		date of entry on active duty
	=     02  11  13
	+ _                1		inclusive day
	=     02  11  14		net/total active service this period

   c.  The applicant's DD Form 214 shows he completed 2 years, 11 months, and 14 days of net  active service.

   d.  Thus, it is concluded that the date the applicant entered on active duty this period was 8 November 1951.

3.  The applicant was assigned to the 351st Infantry Regiment and he served overseas for a period of 2 years, 2 months, and 13 days during the period of service under review.  (The applicant's period of active duty was from 
8 November 1951 through 21 October 1954.)

   a.  For award of the Army of Occupation Medal based on service in Italy, service must have been between 9 May 1945 and 15 September 1947.  

   b.  The evidence of record shows the 88th Infantry Division completed its occupation mission in Italy and the division was inactivated 24 October 1947.

   c.  There is no evidence the applicant had qualifying service for award of the Army of Occupation Medal or that his unit was authorized occupation service for Trieste, Italy during the period of service under review.

   d.  There is no evidence the applicant qualified for the Navy Occupation Service Medal based on service with or in support of the U.S. Navy.

   e.  Therefore, there is insufficient evidence to show the applicant was authorized the Army of Occupation Medal in this instance.

4.  The applicant served a period of continuous, honorable active duty enlisted service from 8 November 1951 through 21 October 1954.

   a.  He attained the rank of sergeant.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.
   c.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period
8 November 1951 through 21 October 1954.

5.  In view of the foregoing evidence, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

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.  deleting the entry in item 19 of his DD Form 214 and adding the entry
"8 Nov 51";

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
8 November 1951 through 21 October 1954 (Standard Name Line:  SGT 
5043rd Support Unit Personnel Center, Transfer Station, Fort Sheridan, IL); and

	c.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal 
(1st Award).


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 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)                                         AR20130010869



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ABCMR Record of Proceedings (cont)                                         AR20130010869



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