IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130014054 


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, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to add the World War II (WWII) Victory Medal and the Army of Occupation Medal.

2.  The applicant states, in effect, these awards were not reflected on the FSM's WD AGO Form 53-55.

3.  The applicant provides:

* A letter
* Affidavit of birth
* WD AGO Form 53-55
* Identification card

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 was inducted into the Army of the United States and entered active duty on 9 December 1941.  He held the military occupational specialty 844 (Gun Crewman, Medium Artillery).  The highest rank he attained while serving on active duty was corporal.

3.  His record shows he was assigned to Battery C, 880th Field Artillery Battalion.  He departed the Continental United States (CONUS) on 5 October 1942 and arrived in Scotland (the European Theater of Operations) on 11 October 1942.  Additionally, he departed the theater on 7 September 1945 and arrived in CONUS on 14 September 1945.

4.  He was honorably discharged from active duty on 3 October 1945.  His WD AGO Form 53-55 shows he completed 3 years, 8 months, and 11 days of total service, of which 2 years, 11 months, and 10 days was credited as foreign service.  Additionally he:

	a.  participated in the following campaigns:

* Normandy
* Northern France
* Rhineland
* Central Europe

	b.  was authorized or awarded the:

* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with Bronze Arrowhead
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (Carbine)

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This pamphlet shows:
* His unit received occupation credit for Germany for the period 2 May 1945 to 3 September 1945
* His unit was credited with participating in the Ardennes-Alsace campaign 

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

	a.  The Army of Occupation Medal is awarded for service for 30 consecutive days at a normal post of duty while assigned to Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.  Soldiers who served in the European Theater of Operations (ETO) during the occupation of Europe will wear the clasp inscribed "Germany."  

	b.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized based on qualifying service for each campaign listed in item 32 of the WD AGO Form 
53-55 and one silver service star is authorized for each five bronze service stars.

	c.  The World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM's unit was awarded occupation credit for the occupation of Germany.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Army of Occupation Medal with Germany Clasp.

2.  He served a qualifying period of service for award of the World War II Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.

3.  The unit he served with during World War II was credited with participating in the Ardennes-Alsace.  However, the Ardennes-Alsace campaign was not annotated on his WD AGO Form 53-55.  Therefore, he is entitled to correction of 
his WD AGO Form 53-55 to show the Ardennes-Alsace campaign and one silver service star to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal with Bronze Arrowhead.




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:

	a.  adding the Ardennes-Alsace campaign to his WD AGO Form 53-55, and

	b.  adding the following awards to item 33 of his WD AGO Form 53-55:

* Army of Occupation Medal with Germany Clasp
* World War II Victory Medal
* One silver service star affixed to his previously-awarded European-African-Middle Eastern Campaign Medal with Bronze Arrowhead



      _______ _   _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)                                         AR20130014054





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ABCMR Record of Proceedings (cont)                                         AR20130014054



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