BOARD DATE:	 16 December 2014 

		DOCKET NUMBER:  AR20140005649 


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 the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Army of Occupation Medal with Germany Clasp.

2.  The applicant states the FSM was eligible for this medal based upon his service for more than 30 consecutive days in occupied Germany during the prescribed period of time.  According to the FSM's unofficial Transit Book, his unit was located in:

* Wolbeck, Germany on 6 May 1945
* Warendorf, Germany on 23 May 1945
* Liege, Belgium on 12 June 1945

3.  She provides the FSM's Honorable Discharge Certificate, WD AGO Form 53-55, WD AGO Form 100 (Separation Qualification Record), and unofficial Transit Book.

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 military record is 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 his records were lost or destroyed in that fire.  This case is being considered using the WD AGO Form 53-55 provided by the applicant.

3.  The FSM's WD AGO Form 53-55 shows:

* he was inducted into the Army of the United States on 6 November 1943
* he entered active duty on 27 November 1943
* his final unit of assignment was Headquarters Battery, 359th Field Artillery Battalion
* he was honorably discharged on 31 January 1946 after completing a total of 2 years, 2 months, and 4 days of active military service
* he held the grade of corporal on the date of separation

4.  The FSM's WD AGO Form 53-55 also contains the following pertinent information:

	a.  Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge.

	b.  Item 32 (Battles and Campaigns) shows he participated in the Northern France, Rhineland, and Central Europe campaigns.

	c.  Item 33 (Decorations and Citations) shows he was awarded or authorized the Good Conduct Medal, American Theater Service Medal, European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars, and World War II Victory Medal.

	d.  Item 36 (Service Outside Continental U.S. and Return) shows he arrived in the European Theater of Operations on 28 June 1944 and departed on 22 June 1945.

	e.  Item 37 (Foreign Service) shows he performed 1 year and 8 months of foreign service.
5.  The applicant provided the FSM's unofficial Transit Book which shows between 6 May 1945 and 11 June 1945 he was located in various cities within Germany.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  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.  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.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 359th Field Artillery Battalion (the applicant's unit of assignment) was authorized occupation credit for Germany for the period 2 May through 4 June 1945 and, therefore, entitlement to the Army of Occupation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's record should be corrected to show he was awarded the Army of Occupation Medal with Germany Clasp was carefully considered and determined to have merit.

2.  The available evidence shows he was awarded the EAME and his Transit Book shows he served a qualifying period for award of the Army of Occupation Medal with Germany Clasp.  Further, Army Regulation 672-1 shows his unit was authorized occupation credit for Germany.  Therefore, it would be appropriate to correct the FSM's WD AGO Form 53-55 to show this medal.



3.  The available evidence shows that the applicant was awarded the Combat Infantryman Badge for his service in the European Theater of Operations during World War II.  Accordingly, he is also entitled to award of the Bronze Star Medal. Therefore he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show it.

BOARD VOTE:

__X______  ___X_____  _X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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:

      a.  awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge and;
      
      b.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal and 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)                                         AR20140005649





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ABCMR Record of Proceedings (cont)                                         AR20140005649



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