PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 December 2000
	DOCKET NUMBER:   AR2000043629

	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. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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 he be awarded the Army of Occupation Medal-Germany. 

3.  The applicant states, in effect, that he was assigned to the 485th Engineer Heavy Shop Company in Cheives, Belgium and later to occupation forces in Mannheim, Germany for approximately eight months.  

4.  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.  

5. The evidence or record does include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).  This document verifies that he was inducted into the Army of the United States (AUS) on 17 February 1943 and that he served on active duty until being honorably discharged, in the rank of Technician Three (Tec-3), on 6 March 1946. 

6.  The WD AGO Form 53-55 also indicates that the applicant arrived for duty in the European Theater of Operations (ETO) on 18 February 1945 and that he served there until 18 February 1946.  In addition, it shows that he participated in the Rhineland and Central Europe campaigns of World War II, and that during his active duty tenure he earned the Good Conduct Medal, Purple Heart, American Theater Ribbon, European-African-Middle Eastern Theater Ribbon, and the World War II Victory Medal. 

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 5-10 provides guidance on the Army of Occupation Medal.  The Army of Occupation Medal was established by War Department General Orders 32, 1946 and is awarded for service for 30 consecutive days at a normal post of duty in a designated area.  It specifically states, in pertinent part, that the Army of Occupation Medal-Germany is authorized for members who served there between 9 May 1945 and 5 May 1955.  It further indicated that if the award were given for a period of service between 9 May and 8 November 1945, it will only be authorized for members who had previously been awarded the 
European-African-Middle Eastern Campaign Medal for service before 9 May 1945. 

CONCLUSIONS:

1. The Board noted the applicant’s contention that he should receive the Army of Occupation Medal-Germany, and after carefully examining the available evidence the Board finds that this claim has merit.

2.  The evidence clearly shows that the applicant served in Germany during a period for which the award was authorized.  In addition, the applicant met the further prerequisite of earning the European-African-Middle Eastern Campaign Ribbon for service prior 9 May 1945.  Thus, in the interest of justice and equity, the Board concludes that it would be appropriate to correct the applicant’s record to show he earned the Army of Occupation Medal-Germany.

3.  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 awarding the individual concerned the Army of Occupation Medal-Germany, for his service in Germany for some period between 9 May 1945 and 
5 May 1955, and that he be issued a correction to his separation document reflecting this change. 

BOARD VOTE:  

__hbo___  ___fe ___  __lem___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______Fred Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000043629	
SUFFIX		
RECON		
DATE BOARDED	2000/12/12	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1946/07/06	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  106	107.0060	
2.		
3.		
4.		
5.		
6.