IN THE CASE OF:	  

		BOARD DATE:	  2 July 2015

		DOCKET NUMBER:  AR20140019840 


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 his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to reflect award of the American Campaign Medal and Army of Occupation Medal.

2.  The applicant states:

* he noticed the missing medals in reviewing his father's military service records for his family history
* his father's descendents should know of his service to his country and the decorations he earned
* his father served in the 36th Tank Battalion, 8th Armored Division, in Europe form 19 November 1944 through 15 April 1946, which qualifies him for both medals per regulatory guidance

3.  The applicant provides:

* correspondence to and from the Army Review Boards Agency Case Management Division
* FSM's death certificate
* his own birth certificate and birth registration
* FSM's Honorable Discharge Certificate
* FSM's WD AGO Form 53-55
* FSM's WD AGO Form 100 (Separation Qualification Record)
* FSM's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement)
* excerpts from Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register)
* excerpts from Army Regulation 600-8-22 (Military Awards)

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 was inducted into the Army of the United States on 26 November 1943 and entered active duty on 17 December 1943.

3.  The FSM served in the European theater of operations (ETO) during World War II from 19 November 1944 through 5 April 1946 and participated in three campaigns.

4.  On 20 April 1946, the FSM was honorably discharged for the convenience of the government – demobilization.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) – assignment to 36th Tank Battalion, 8th Armored Division
* item 32 – participation in the Ardennes, Central Europe, and Rhineland campaigns
* item 33 (Decorations and Citations) – award of the World War II Victory Medal, European-African-Middle Eastern Theater Medal, and Army Good Conduct Medal
* item 36 (Service Outside Continental United States and Return) –

* departed the United States on 7 November 1944 en route to the ETO and arrived in the ETO on 19 November 1944
* departed the ETO en route to the United States and arrived in the United States on 15 April 1946

* item 37 (Total Length of Service) –

* 10 months and 25 days of service in the continental United States
* 1 year, 5 months, and 9 days of foreign service

5.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	b.  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.  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.  The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

	c.  Service stars are worn on campaign and service medals to denote participation in a named campaign.  A bronze service star is authorized for wear on the European-African-Middle Eastern Campaign Medal for participation in each credited campaign.

6.  Department of the Army Pamphlet 672-1 contains a register of unit citations and campaign participation credits for World War II and the Korean War.  It assists 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 shows the 36th Tank Battalion was awarded:

* campaign credit for participation in three campaigns:  Ardennes-Alsace, Central Europe, and Rhineland
* occupation credit for Germany from 2 May 1945 through 30 September 1945

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his father's military records to reflect award of the American Campaign Medal and Army of Occupation Medal was carefully considered.

2.  The FSM served during a qualifying period for award of the Army of Occupation Medal with Germany Clasp.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

3.  The FSM was credited with participation in three campaigns in the ETO.  Therefore, his WD AGO Form 53-55 should be corrected to show three bronze service stars with his already-awarded European-African-Middle Eastern Campaign Medal.

4.  The FSM's total cumulative service in the American theater of operations was 10 months and 25 days.  He completed 1 year, 5 months, and 9 days of foreign service in the ETO.  He would have had to have completed at least 1 year of aggregate service in the American theater of operations to qualify for the American Campaign Medal.  Therefore, he does not meet the criteria for award of the American Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the FSM the Army of Occupation Medal with Germany Clasp,

	b.  adding the following awards to the FSM's WD AGO Form 53-55:

* Army of Occupation Medal with Germany Clasp
* two bronze service stars with his already-awarded European-African-Middle Eastern Campaign Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the American Campaign Medal.



      _____________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)                                         AR20140019840



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ABCMR Record of Proceedings (cont)                                         AR20140019840



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