IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008246 


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 award of the Army of Occupation Medal with Germany Clasp. 

2.  The applicant states he never received this award. 

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Service). 

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 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 his 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 22 April 1943 and entered active duty on 29 April 1943.  This form also shows that at the time of separation he was assigned to the 2003rd Ordnance Maintenance Company. 

4.  His WD AGO Form 53-55 also shows he departed the continental United States (CONUS) on 11 February 1944 and arrived in the European theater of operations (ETO) on 26 February 1944.  He departed the ETO on 9 December 1945 and arrived back in CONUS on 14 December 1945.

5.  He completed 9 months and 17 days of CONUS service and 1 year, 10 months, and 4 days of foreign service.  He was honorably separated on 19 December 1945.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Rhineland, and Southern France campaigns, and item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the:

* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal
* Purple Heart
* World War II Victory Medal

7.  General Orders Number 26, issued by Headquarters, 203rd (or 303rd) Station Hospital, on 27 December 1944, awarded him the Purple Heart for wounds received in action on 9 December 1944. 

8.  On 13 June 2013, in response to his inquiry, officials at the U.S. Army Human Resources Command informed him:  

	a.  There were insufficient information to support his entitlement to this award. The available evidence shows he was released from assignment to the 46th Armored Infantry Battalion on or about 13 December 1944.  The remainder of the units in which he served are not credited with occupation duty.  Simply serving in Germany during an occupation period is not justification for this award.  He must be assigned to a unit that is credited with performing occupation duty. 

	b.  He was entitled to and awarded the Bronze Star Medal while serving with Company A, 46th Armored Infantry Battalion, 5th Infantry Division in France, and the Combat Infantryman Badge.  He was also issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal and Combat Infantryman Badge. 

9.  Department of the Army 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining and establishing the eligibility of individuals for campaign participation credit, assault landing, unit citation emblems, and occupation duty credit during World War II and the Korean War.  This pamphlet shows: 

* the 2003rd Ordnance Maintenance Company was noted awarded occupation credit for Germany
* the 46th Armored Infantry Battalion received occupation credit for Germany from 20 May to 18 September 1945

10.  Army Regulation 600-8-22 (Military Awards) states 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, and escort on temporary or detached duty are precluded from eligibility.   For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  

DISCUSSION AND CONCLUSIONS:

The applicant's service in the ETO during World War II is not in question.  However, there is no indication the 2003rd Ordnance Maintenance Company was awarded occupation credit for Germany.  Additionally, there is no indication he was assigned to the 46th Armored Infantry Battalion during the period (20 May to 18 September 1945) this unit was awarded occupation credit for Germany.  Therefore, there is insufficient evidence to award him the Army of Occupation Medal with Germany Clasp. 

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)                                         AR20140008246





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ABCMR Record of Proceedings (cont)                                         AR20140008246



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