PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 September 2001                    
	DOCKET NUMBER:   AR2001058041

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman		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 discharge document to show award of the Army of Occupation Medal with Germany Clasp.

3.  The applicant states that he remained in Germany after the war as an occupation troop.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and an itinerary of the Headquarters Battery, 259th Field Artillery Battalion for the period 25 January 1943 through 13 May 1945.  

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 that the applicant was inducted on 
19 January 1943.  He served as a field lineman in the European Theater of Operations from 22 August 1944 through 29 November 1945 and was honorably discharged on 20 December 1945.

5.  The applicant’s WD AGO Form 53-55 does not show the Army of Occupation Medal with Germany Clasp as an authorized award.

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, the 259th Field Artillery Battalion, received occupation credit for Germany for the period from 4 June 1945 to 14 August 1945.

7.  Army Regulation 600-8-22 (Military Awards) 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, qualifying 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.  Qualifying service for the Berlin clasp is from 9 May 1945 and 2 October 1990.  Qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945.

CONCLUSIONS:

1.  The applicant’s unit received occupation credit for Germany for the period from 4 June 1945 to 14 August 1945.  Therefore, the applicant is entitled to correction of his discharge document to show award of the Army of Occupation Medal with Germany Clasp.
2.  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 that the individual concerned was awarded the Army of Occupation Medal with Germany Clasp.  

BOARD VOTE:  

CLA____  CLG____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Celia L. Adolphi____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058041	
SUFFIX		
RECON		
DATE BOARDED	20010911	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0060	
2.		
3.		
4.		
5.		
6.