PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            7 December 2000
	DOCKET NUMBER:   AR2000042231

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. John P. Infante		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, in effect, that the Berlin Occupation Medal and the World War II Victory Medal be added to his separation document and that the unit contained on his discharge document be changed to Battery (Btry) B, 
376th Paratrooper Field Artillery (PFA) Battalion (Bn), 82nd Airborne Division. 

3.  The applicant states, in effect, that he served with the following units during his tenure in the Army: Headquarters (HQ) Btry 680th Glider Field Artillery (GFA) Bn, 173rd Airborne Division, from 20 April 1943 to 10 August 1945; Btry B, 
376th PFA Bn, 82nd Airborne Division, from 10 August 1945 to 5 January 1946; and the 563rd Engineer Light Pontoon Company, from 5 January 1946 to 
15 January 1946. 

4.  The applicant’s counsel provided a statement in support of his application to this Board.  In this letter counsel indicates that a review of the applicant’s record confirms that he is eligible for the World War II Victory Medal as evidenced by his record of discharge.  Finally, they remark that, given the applicant’s records were destroyed in the 1973 fire, he should be given every benefit of the doubt in regard to the Berlin Occupation Medal and any reasonable doubt should be resolved in his favor by the Board. 

5.  The applicant’s military records were 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 the applicant’s records were lost in that fire.  

6.  The evidence or record does include a War Department (WD) Adjutant General Office (AGO) Form 53-55 provided by the applicant.  This form was issued to him on the date of his separation and verifies that he was inducted into the Army of the United States (AUS) on  April 1943.  It also confirms that he served on active duty until being honorably discharged, in the rank of private first class, on 15 January 1946.

7.  The applicant’s honorable discharge also verifies that he was serving with the 563rd Engineer Light Pontoon Company at the time of his separation.  The 
WD AGO Form 53-55 also documents that he arrived in the European Theater of Operations (ETO) on 28 August 1944 and served there until his departure for the United States on 13 December 1945.  

8.  The separation document also shows that while serving in the ETO, during World War II, the applicant participated in the European-African-Middle Eastern Campaign and that he earned that campaign medal along with the Purple Heart, Good Conduct Medal, and American Theater Medal during his tenure in service.

9.  In support of his request, the applicant provided copies of an Army Education Program Certificate, dated 28 September 1945, issued by the 376th PFA Bn of the 82nd Airborne Division; a pass card, dated 18 August 1945, issued by the U.S. Headquarters, Berlin District, Office of the Provost Marshall, and a copy of a club card issued to him by the Caisson Club, Berlin Germany.  All these documents confirm his unit of assignment and that he served in Berlin with that unit.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 5-10a (5) contains eligibility criteria for the Army of Occupation Medal-Berlin.  It states, in pertinent part, that this medal is awarded to members who served in Berlin between 9 May 1945 and 2 October 1990.  It also states that members earning the award for the period between 9 May and 8 November 1945 must have also been awarded the European-African-Middle Eastern Campaign Medal to qualify.  Paragraph 5-11 provides eligibility criteria for the World War II Victory Medal and states, in pertinent part, that it is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive. 

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It confirms that the applicant’s unit Btry B, 
376th PFA Bn, 82nd Airborne Division, was awarded the Army of Occupation Medal-Berlin.

13.  Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55.  It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.  

CONCLUSIONS:

1.  The Board noted the contentions of the applicant and his counsel and found no reason to doubt their merit.  Further, given the facts and circumstances of this case, the Board concludes that relief is warranted in this case.  

2.  By regulation, a member’s last unit rather than the element of which he was part while moving to a separation activity will be entered in the separation documents.  The applicant provided sufficient evidence to show that he was assigned to the Btry B, 376th PFA Bn, 82nd Airborne Division, while serving in the ETO.  The unit contained on his separation document was likely a transitional unit; thus, the Board finds that  a correction to the organization listed on the applicant’s separation document would be appropriate at this time. 

3.  The applicant is clearly entitled to the World War II Victory Medal based on the fact that he served in the ETO and earned the European-African-Middle Eastern Campaign Medal during a period between 9 May and 8 November 1945, the inclusive dates authorizing the award.  Further, his service with Btry B, 
376th PFA Bn, 82nd Airborne Division in Berlin establishes his entitlement to the Army of Occupation Medal-Berlin, as confirmed in Unit Campaign Participation Credit Register-World War II. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing, in the separation document, that the organization of the individual concerned was Btry B, 376th PFA Bn, 82nd Airborne Division; and that he earned both the World War II Victory Medal and the Army of Occupation Medal-Berlin.

BOARD VOTE:  

___jpi___  ___ewl __  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042231	
SUFFIX		
RECON		
DATE BOARDED	2000/210/07	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1946/01/15	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  189	110.0000	
3.		
4.		
5.		
6.