IN THE CASE OF:
BOARD DATE: 14 October 2014
DOCKET NUMBER: AR20140002884
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 Army of Occupation Medal with Germany Clasp.
2. The applicant states:
a. he is requesting award of this medal for serving more than 30 days of consecutive service in Germany during the period August 1945 and April 1946.
b. he served during World War II with Company C, 717th Railway Battalion. His company was tasked with operating the trains. In August 1945, his unit shipped from England and they were deployed to Frankfurt to run the Germany railroad system. He ran trains throughout Germany until April 1946.
3. The applicant provides:
* WD AGO Form 53-55
* contemporary photographs of him in various locations throughout Germany
* excerpt on the Army of Occupation Medal with Germany Clasp
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 complete 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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 17 September 1943 and he entered active duty on 8 October 1943. He served in the European theater of operations from 23 May 1944 through
17 April 1946. He was honorably discharged on 1 May 1946.
4. His WD AGO Form 53-55 shows his organization was the 717th Railway Operations Battalion. This form does not show the Army of Occupation Medal with Germany Clasp as an authorized award.
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II. This pamphlet does not show the 717th Railway Operating Battalion received occupation credit for Germany during World War II.
6. Army Regulation 600-8-22 (Military Awards) provides that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.
DISCUSSION AND CONCLUSIONS:
Since Department of the Army Pamphlet 672-1 does not show the 717th Railway Operations Battalion received occupation credit for Germany during World War II, regrettably, there is no basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20140002884
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ABCMR Record of Proceedings (cont) AR20140002884
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