PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:               16 March 2000                  
	DOCKET NUMBER:       AR1999028199

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) with a separation date of 15 November 1948
to show that he served in Germany from 23 March 1946 to 7 October 1948;
item 37 (Total Length of Service/Foreign Service) to show his foreign service;
and to show that he was awarded of the Army of Occupation Medal (AOM) with Germany Clasp, the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal and the Honorable Service Lapel Button WWII.

3.  The applicant states, in effect, that his WD AGO Form 53-55 with a separation, dated of 15 November 1948, does not show his service in Germany from 23 March 1946 to 7 October 1948; item 37 (Total length of Service/Foreign Service) is incorrect; and that the aforementioned awards are not listed.  In support of his application he submits a copy of his travel orders; an award certificate for proficiency; special privilege pass; promotion certificate;
reassignment orders and copies of his WD AGO Forms 53-55.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 30 June 1945 as a heavy weapons NCO (812).  He continued to serve until he was honorably discharged on 14 November 1945 in order to reenlist.  He reenlisted on 15 November 1945 as a cook (060) and served in the European-African-Middle Eastern Theater of Operations from 31 March 1946 to 28 September 1948 and was honorably discharged on 15 November 1948.

5.  The applicant’s WD AGO Form 53-55 shows that he served in the European-African-Middle Eastern Theater from 31 March 1946 to 28 September 1948.  

6.  Item 37 (Total Length of Service/Foreign Service) of the applicant’s WD
AGO Form 53-55 with a separation date of 15 November 1948 shows the entry “0 years 0 months 0 days”.  Item 36 (Service Outside Continental U.S. and Return) of the applicant’s WD AGO Form 53-55 with a separation date of 15 November 1948 shows the entry “E T O” (European Theater of Operations)
in the Destination block, the entry “31 Mar 46” in the Date of Arrival block and the entry “28 Sep 48” in the Date of Departure block.  

7.  The applicant’s WD AGO Form 53-55 with a separation date of 14 November 1945 and with a separation date of 15 November 1948 does not show that he was entitled to any awards.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Register, dated 6 July 1961, shows the applicant’s unit
(7851st Quartermaster Depot Group) did not receive occupation credit for 
service in Germany during World War II.

9.  A DA 1577 (Authorization for Issuance of Awards), dated 10 May 1999,
shows the Army Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal and the Honorable Service Lapel Button WWII.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May
1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he served in Germany from 
23 March 1946 to 7 October 1948.  However, his WD AGO Form 53-55 reflects service in the European Theater of Operation, which includes Germany.  Therefore, he is not entitled to correction of his records to show his dates of service in Germany.

2.  The applicant’s foreign service credit as shown in item 37 (Total Length of Service/Foreign Service) of his WD AGO Form 53-55 with a separation date of 15 November 1948 is incorrect.  The applicant served in the European Theater of Operations from 31 March 1946 to 28 September 1948.  Therefore, item 
37 (Total Length of Service/Foreign Service) should be correct to show the entry “2 years 5 month 28 days” instead of the entry “0 years 0 months 0 days”.

3.  Evidence provided by the applicant failed to show that he was entitled to or awarded the Army of Occupation Medal with Germany Clasp.

4.  The Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Register shows the applicant’s unit did not receive occupation credit for qualifying service in Germany during World War II.  Therefore, he is not entitled to the award of the Army of Occupation Medal with Germany Clasp.

5.  The applicant has awarded the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal and the Honorable Service Lapel Button WWII.  Therefore, he is entitled to correction of his records to show these awards.

6.  In view of the foregoing findings and conclusions, it would be appropriate to
correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 37 (Total Length of Service/Foreign Service)
the entry “2 years 5 months 8 days” and in item 33 (Decorations and Citations) of his WD AGO Form 53-55 with a separation date of 15 November 1948 that he was awarded the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal, and the Honorable Service Lapel Button, WWII.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_JLP____  OWT____  CJP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Jennifer L. Prater_________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028199	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000316	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19481115	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT	
REVIEW AUTHORITY		
ISSUES         1.  106		
2.  1021		
3.  112		
4.109		
5.  102		
6.