IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009454 


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 grandson of a deceased former service member (FSM), requests:

* the FSM be awarded the American Campaign Medal
* correction of the FSM's WD AGO Form 53-55 (Honorable Discharge) to show the American Campaign Medal and the Army of Occupation Medal with Germany Clasp
* issuance of the Army Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, and the Army of Occupation Medal with Germany Clasp

2.  The applicant states:

	a.  The American Campaign Medal was not initially issued to the FSM; however, there may have been a miscalculation of the FSM's actual service in the continental United States (CONUS).  The FSM was credited with 11 months and 13 days of service in CONUS; however, the applicant's calculations indicate the FSM should have received credit for 12 months and 3 days of CONUS service.  

	b.  From his induction date into service on 21 July 1943, to his departure date for the European Theater of Operations (ETO) on 19 July 1944, the FSM should have been credited with 363 days of CONUS service.  Upon his departure from the ETO, he arrived back in CONUS on 26 December 1945 and was discharged on 1 January 1946.  Therefore, he should have been credited with an additional  5 days of service in CONUS.  	

	c.  These two periods of CONUS service (363 days plus 5 days) equate to 368 days, or 12 months and 3 days of total CONUS service.  His grandfather met the criteria for award of the Army Campaign Medal because he completed more than one year of aggregate service in CONUS.

3.  The applicant provides:

* his mother's birth certificate
* his birth certificate
* the FSM's death certificate
* a self-authored statement, dated 14 April 2014
* a letter from the applicant's mother, undated
* three letters from men who served in the FSM's unit
* the FSM's WD AGO Form 53-55
* a document entitled "847th Ordnance Depot Company 1943-1946"

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 ABCMR corrects records; it does not issue medals or badges.  Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency.  

	a.  For Army personnel, requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the National Personnel Records Center (NPRC).  

	b.  The NPRC will verify the awards to which a veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to the NPRC, 1 Archives Drive, St. Louis, MO  63138.  

	c.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA  19111.  

	d.  Therefore, issuance of medals or badges will not be discussed further in this Record of Proceedings.

3.  The FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the FSM's records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  The FSM was inducted into the Army of the United States on 21 July 1943.  He entered active duty at Fort Bragg, NC on 11 August 1943.  He was assigned to the 847th Ordnance Depot Company, held military occupational specialty   345 (Truck Driver Light), and attained the grade of technician fifth grade (TEC/5).

5.  On 19 July 1944, he departed CONUS and arrived in the ETO on 27 July 1944.  After completing his tour of duty, he subsequently departed the ETO on 
16 December 1945 and arrived in CONUS on 26 December 1945.

6.  His WD AGO Form 53-55 shows he was honorably discharged on 1 January 1946.  He was credited with 2 years, 5 months, and 12 days of longevity for pay, of which 11 months and 13 days of that service occurred in CONUS, and 1 year, 5 months, and 8 days was foreign service.  He received campaign credit for participating in the Northern France, Rhineland, and Central Europe campaigns and was awarded or authorized the:

* European-African-Middle Eastern Campaign Medal with three bronze service stars
* Army Good Conduct Medal
* World War II Victory Medal

7.  Army Regulation 600-8-22 (Military Awards) states 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 CONUS 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 CONUS 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 CONUS for an aggregate period of one year.

8.  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 Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This pamphlet shows his unit of assignment received occupation credit for Germany for the period 2 May 1945 to 24 August 1945.  

9.  Department of the Army Pamphlet (DA PAM) 600-8 (Management and Administrative Procedures), paragraph 5-12g(2) covers time in service and date of rank computations on the DD Form 214.  It specifies that when computing creditable service, consider each month as consisting of 30 days regardless of the actual number of days in the month, except when the period of active service ends on 28 February of a leap year; in that instance, do not change the 28 to    30 since the 29th day is actually the last day of the month.  Add one day for inclusive dates after subtractions.  Convert 30 days and 12 months to full months and years after computation.  If, for example, the member had one day of service on 17 January 2012, then the computation would look like this:

							YR 	MO 	DAY
Ending Day: 				12 		01 		17
- Less Beginning Day: 	12 		01 		17
							 00 	00 		00  (add 1 day for inclusive date)  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM’s unit was awarded occupation credit for Germany.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show he was awarded the Army of Occupation Medal with Germany Clasp.

2.  Discharge documents such as the WD AGO 53-55 and the DD Form 214 (Certificate of Release or Discharge from Active Duty), which is currently in use, only record periods of active duty service.  Any time occurring before or after the active duty period would not be used for the computation of service dates or credit.

	a.  The FSM was inducted into the Army of the United State on 21 July 1943; however, he did not enter active duty until 11 August 1943.  The date of 21 July 1943 is only used for longevity for pay, nothing more.  His active duty service computations do not begin until he entered active duty on 11 August 1943.  Furthermore, the date of 19 July 1944 was used to begin the computation of his foreign service.  This day cannot be use twice to calculate service time.  As such, the end the date of 18 July 1944 was used to calculate his CONUS service.  

	b.  The calculations listed below is based on the accepted military method of calculating service and shows the FSM was properly credited with 11 months and 14 days of service in CONUS.  He served in CONUS from 11 August 1943 to 18 July 1944 (11 months and 8 days) and from 26 December 1945 to 1 January 1946 (6 days).  These two periods, when added together, equate to 11 months and 14 days of total CONUS service credit.  

		1944  07  18			  1946  01  01				 0000  11  08
	-	1943  08  11			- 1945  12  26			   + 0000  00  06
		0000  11  07               0000  00  05				 0000  11  14  
	+				01			+			   01
		0000  11  08			   0000  00  06

3.  The American Campaign Medal requires 1 year of CONUS service and the FSM's WD AGO 53-55 shows he completed 11 months and 13 days of CONUS service.  As such, it appears he did not meet the criteria for this award.

4.  The applicant and all others should know that the sacrifices his grandfather made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 adding to his WD AGO Form 53-55 the Army of Occupation Medal with Germany Clasp.

2.  The Board further determined that 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 correcting his WD AGO Form 53-55 to show 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)                                         AR20140009454





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ABCMR Record of Proceedings (cont)                                         AR20140009454



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