IN THE CASE OF:  	  

		BOARD DATE:  9 July 2015	  

		DOCKET NUMBER:  AR20140017686 


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 son 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 award of the Army of Occupation Medal with Germany Clasp.

2.  He states, in effect, that the FSM was eligible for award of the Army of Occupation Medal with Germany Clasp based upon his service in the European Theater of Operation from 2 March to 16 June 1945.  He states the medal was omitted from the FSM's WD AGO Form 53-55 because it was not authorized until after his discharge.

3.  The applicant provides:

* the FSM's WD AGO Form 53-55
* the FSM's Birth Certificate of Death
* the FSM's Record of Death
* a letter from the National Personnel Records Center
* his Birth Certificate

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 FSM's WD AGO Form 53-55 and WD AGO Form 100 (Separation Qualification Record) provided by the National Personnel Records Center.

3.  The FSM's WD AGO Form 53-55 shows he enlisted in the Massachusetts Army National Guard on 9 October 1940 and entered active duty on 16 January 1941.  His final unit of assignment was Headquarters Company 104th Infantry Regiment.  He was honorably discharged on 6 January 1946 after completing a total of 4 years, 11 months, and 22 days of active military service.  He held the grade of technical sergeant on the date of his separation.

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

	a.  Item 4 (Arm or Service) shows he served in the infantry.

	b.  Item 30 (Military Occupational Specialty and Number) shows he was a Wire Chief Telephone and Telegraph (261) at the time of his separation.

	c.  Item 31 (Military Qualification and Date ) as continued in item 55 (Remarks) shows award of the:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	d.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland campaign.



	e.  Item 33 (Decorations and Citations) shows he was awarded or authorized the:

* European-African-Middle Eastern Campaign Medal
* Asiatic-Pacific Campaign Medal
* World War II Victory Medal
* American Campaign Medal
* Army Good Conduct Medal

	f.  Item 36 (Service Outside Continental U.S. and Return) shows he

* arrived in the European Theater of Operations on 2 March 1945
* departed the European Theater of Operations on 16 June 1945
* arrived in the continental United States on 25 June 1945
* departed the continental United States on 28 August 1945
* arrived in the Asiatic-Pacific Theater on 25 September 1945
* departed the Asiatic-Pacific Theater on 6 December 1945
* arrived in the continental United States on 26 December 1945

	g.  Item 37 (Foreign Service) shows he performed 3 years, 10 months and 18 days of service in the continental United States and he performed 8 months and 4 days of foreign service.

5.  The FSM's WD AGO Form 100 shows he was initially trained in military occupational specialty 521 (Infantry Basic).

6.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 104th Infantry Regiment, 26th Infantry Division was:

* credited with participation in the Rhineland campaign during the FSM's tenure
* authorized occupation credit for Germany during the period 2 May to 29 September 1945 and therefore entitlement to the Army of Occupation Medal with Germany Clasp

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

	a.  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.

	b.  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.

	c.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  This same regulation states a bronze service star will be awarded for wear on the European-African-Middle Eastern Campaign Medal for participation in each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's WD AGO Form 53-55 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 the FSM served a qualifying period for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to reflect this award.

3.  Army Regulation 600-8-22 states the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  Therefore, the FSM is entitled to award of the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to reflect this award.

4.  Evidence also shows the FSM participated in one campaign.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the European-African-Middle Eastern Campaign Medal with one bronze service star.

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 on award of the Combat Infantryman Badge; 

	b.  deleting the European-African-Middle Eastern Campaign Medal from item 33 of his WD AGO Form 53-55; and 


	c.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* Army of Occupation Medal with Germany Clasp
* European-African-Middle Eastern Campaign Medal with 1 bronze service star



      _______ _   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)                                         AR20140017686





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ABCMR Record of Proceedings (cont)                                         AR20140017686



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