RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-02703
INDEX CODE:  107.00
	XXXXXXXXXXXXXXXXXXX			COUNSEL: YES

	XXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be awarded the Army of Occupation Medal with Germany clasp.
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APPLICANT CONTENDS THAT:

He did not know that he could apply for the award.  He served in Germany during the periods that would allow award of the medal. 

In support of his application, he provides a letter from his veteran’s affairs counsel, a letter from the Department of the Army Review Boards Agency, and a letter from AFPC/DPPPRA.  The applicant’s complete submission with attachments is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was inducted into the Army Air Corps on 11 January 1943 and entered active service on 18 January 1943 at the age of 21.  He was progressively promoted to the rank of private first class in the military occupational specialty, cryptograph technician.  He served in the European Theater of Operations (ETO) from 9 January 1944 to 26 August 1945.

The applicant was honorably discharged on 31 October 1945.  His report of separation identified his decorations and citations as the American Service Medal, the European-African-Middle Eastern Service Medal and the Good Conduct Medal.

The applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center.  The only military records available were from the applicant himself.  After the applicant made application to the AFBCMR, AFPC/DPPPR issued a DD Form 215, Correction to DD Form 214, dated 18 November 2002, to correct his records by adding the awards: Army Meritorious Unit Citation for 1 June 1944 through 31 December 1944 and the World War II Victory Medal. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends disapproval.  DPPPR stated that the applicant did not provide any documentation to substantiate his claim.  Unfortunately, the applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center, and the only documents pertaining to his military service are his Report of Separation and Discharge Certificate, which he provided.  His report of separation lists his unit of assignment as the 469th Air Services Group, which during his assignment to the unit, did not receive credit for participation in any campaigns, but was awarded the Army Meritorious Unit Citation for 1 June 1944 through 31 December 1944.  The applicant is also entitled to the World War II Victory Medal.  His report of Separation has been corrected to reflect both of these awards. 

DPPPR could not find any information regarding the 469th Air Services Group, since it was not a combat unit; therefore, was unable to determine it’s location in the ETO.  Since the applicant did not provide any documentation showing he was located in Germany for 30 consecutive days during the period 9 May 1945 through 5 May 1955, DPPPR was unable to verify his eligibility for the Army of Occupation Medal with Germany clasp.

The DPPPR evaluation with attachment is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 November 2002 for review and response.  His counsel responded in the applicant’s behalf, claiming he was assigned to the 1106th Signal Company (part of the 469th Group) stationed at Furth, Germany.  The Air Base was used as a German Air Force Base until the U.S. Military’s arrival.  The applicant feels that being assigned at the German Air Base at the end of the war, and for a time after, should allow him the award of the Army of Occupation Medal with German clasp (Exhibit E).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant did not provide any documentary evidence to substantiate his claim of the Army Occupational Medal with Germany Clasp.  Unfortunately, it appears the applicant’s military personnel records were destroyed in the 1973 fire at the National Personnel Records Center and are no longer available to verify his assignment in Germany.  The applicant asserts that he was assigned to the 1106th Signal Company (part of the 469th Group) stationed at Furth, Germany.  Other than the applicant’s assertions, we have no evidence to indicate his entitlement to the requested decoration.  Accordingly, the applicant’s request is not favorably considered.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 19 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number BC-2002-02703 was considered:

    Exhibit A.  DD Form 149, dated 25 Jun 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.
    Exhibit E.  Letter, NYS Div of Vet Affairs, dated 24 Dec 02