BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140015262
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 reconsideration of his previous request for 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.
2. The applicant states, in effect, he is providing new evidence that was not previously considered.
3. The applicant provides the WD AGO Form 53-55 of a former service member (FSM) who served in his battalion during World War II.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130009795, on 12 February 2014.
2. As new evidence, the applicant provides the WD AGO Form 53-55 of a FSM, Private First Class (PFC) CAP. This WD AGO Form 53-55 shows, in part:
a. PFC CAP was inducted into the Army of the United States (AUS) on 23 January 1946. His last unit of assignment was Company C, 52nd Signal Battalion. He served in the Asiatic-Pacific Theater of Operations (APTO) from 29 November 1946 until his departure en route to the continental United States (CONUS) on 7 February 1947.
b. PFC CAP had 10 months and 22 days of service in CONUS and 3 months and 19 days of foreign service. He was honorably discharged on 3 April 1947 in the rank of PFC after completing a total of 1 year, 2 months, and 11 days of creditable active service.
c. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 does not show he participated in any battles or campaigns. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows award of the Army of Occupation Medal and the World War II Victory Medal.
3. The applicant's WD AGO Form 53-55 shows, in part:
a. He was inducted into the AUS on 22 January 1946. His last unit of assignment was with Company A, 52nd Signal Battalion. He served in the APTO from 28 November 1946 until his departure en route to CONUS on 8 February 1947.
b. He had 10 months and 23 days of service in CONUS and 3 months and 19 days of foreign service. He was honorably discharged on 3 April 1947 in the rank of PFC after completing a total of 1 year, 2 months, and 12 days of creditable active service.
c. Item 32 of his WD AGO Form 53-55 does not show he participated in any battles or campaigns. Item 33 of his WD AGO Form 53-55 shows award of the World War II Victory Medal.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty for the following locations and periods:
* Germany (9 May 1945 to 5 May 1955)
* Austria (9 May 1945 to 27 July 1955)
* Berlin (9 May 1945 to 2 October 1945)
* Italy (9 May 1945 to 15 September 1947)
* Japan (3 September 1945 to 27 April 1952)
b. The Army of Occupation Medal-Korea is awarded for service of 30 consecutive days at a normal post of duty while assigned to the Republic of Korea between 3 September 1945 and 29 June 1949, inclusive. Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.
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 individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and the Korean War. This pamphlet does not show the 52d Signal Battalion received occupation credit for any country for any period during World War II.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show and the applicant has not provided any evidence that shows the 52d Signal Battalion received occupation credit for any country for any period during World War II. While it is noted that PFC CAP's WD AGO Form 53-55 shows award of the Army of Occupation Medal, it appears that this entry may have been an error.
2. In view of the foregoing, there is insufficient evidence to correct his WD AGO Form 53-55 to show award of the Army of Occupation Medal.
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 to amend the decision of the ABCMR set forth in Docket Number AR20130009795, dated 12 February 2014.
_______ _ 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) AR20140015262
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015262
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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