IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140004687
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 records to show he is authorized the Army of Occupation Medal with Germany Clasp (AOM) and Meritorious Unit Commendation.
2. The applicant states page 448 of Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register) confirms his authorization to the AOM and MUC.
3. The applicant provides:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Letter of Support
* Letter of Commendation
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 applicants 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 applicants 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 (NPRC) in 1973. It is believed a portion of applicant's records were lost or destroyed in that fire. The NPRC reconstructed the partially burned documents that remained of the applicant's military record which was used in this case review.
3. The applicant was inducted into the Army of the United States on 26 December 1942. He entered active duty on 2 January 1943 and was trained in and awarded military occupational specialty 345 (Light Truck Driver). He was assigned to the 2489th Quartermaster Truck Company.
4. His WD AGO Form 24 (Service Record) shows:
* he departed the continental United States (CONUS) for duty in the European Theater of Operations (ETO) on 5 September 1943
* he arrived in Greenock, Scotland on 14 September 1943
* he departed on 4 August 1945 and arrived in CONUS on 19 August 1945
5. On 19 October 1945, the applicant was honorably discharged from active duty having completed 2 years, 9 months, and 24 days of creditable active service of which 1 year, 11 months, and 15 days was foreign service. The Army Good Conduct Medal and European-African-Middle Eastern Service Ribbon (renamed European-African-Middle Eastern (EAME) Campaign Medal) are listed on his WD AGO Form 53-55.
6. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the following campaigns:
* Normandy
* Northern France
* Ardennes Alsace
* Rhineland
* Central Europe
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Paragraph 5-11 provides guidance on the AOM and states it is authorized for 30 consecutive days of service while assigned to a qualifying area. This award is authorized for service in Germany between 9 May 1945 and 5 May 1955.
b. Paragraph 5-12 contains guidance on the EAME Campaign Medal and states a bronze service star is authorized with this award for each campaign a member participated in while serving in the European theater of operations (ETO). A silver service star is used in lieu of five bronze service stars to denote participation in five campaigns.
8. Department of the Army Pamphlet 672-1 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that during the applicant's tenure of assignment in the ETO, his unit (2489th Quartermaster Truck Company) was awarded AOM credit and the MUC.
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit was awarded the AOM with Germany Clasp and the MUC. He is authorized correction of his records to show these awards.
2. He participated in 5 campaigns during World War II. Therefore, he is entitled to one silver service star for wear on his already-awarded EAME Campaign Medal and his record should be corrected accordingly.
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 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 as follows:
* deleting from his DD Form 214 the European-African-Middle Eastern Service Ribbon
* adding to his DD Form 214 the European-African-Middle Eastern Campaign Medal with one silver service star, Army of Occupation Medal with Germany Clasp, and Meritorious Unit Commendation
____________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) AR20140004687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140004687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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