RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 January 2008 DOCKET NUMBER: AR20070010493 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. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Hubert O. Fry, Jr. Chairperson Mr. John T. Meixell Member Mr. Rowland C. Heflin Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Army of Occupation Medal for his service in Germany during World War II. 2. The applicant states that he was with the 329th Combat Engineer Battalion, 104th Infantry Division, known as the Timberwolves. 3. The applicant provides copies of his WD AGO Form 53-55 and an article from the Timberwolf Howl newsletter. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records are 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 or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. On 22 January 1943, the applicant was inducted into the Army of the United States. He was awarded military occupational specialty 345 (Light Truck Driver). 4. On 5 November 1943, the applicant departed the United States for the European Theater of Operations (ETO). He served in the ETO with C Company, 329th Combat Engineer Battalion, 104th Infantry Division, until his departure for the United States on 27 June 1945. 5. He returned to the United States on 3 July 1945 and was honorably discharged on 2 November 1945. He had attained the rank of private and had completed 2 years, 9 months and 4 days of creditable active service. 6. Item 32 (Battles and Campaigns) of his WD AGO 53-55, lists his campaigns as Normandy, Northern France, and Central Europe. 7. Item 33 (Decorations and Citations) of his WD AGO 53-55, lists his awards as the Good Conduct Medal, European-African-Middle Eastern Service Medal, American Service [Campaign] Medal, and the World War II Victory Medal. It does not show award of the Army of Occupation Medal with Germany Clasp. 8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the European-African-Middle Eastern Service Medal for participation in each campaign. 9. 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, and escort on temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred 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. 10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This publication shows that the 104th Infantry Division, during the time of the applicant's assignment, was cited in general orders for award of the Army of Occupation Medal with Germany Clasp. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows that the applicant participated in a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp. Therefore his records should be corrected to show this award. 2. The available evidence clearly shows that the applicant participated in three campaign periods. Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Service Medal. BOARD VOTE: __ JTM___ __RCH__ __HOF_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Army of Occupation Medal with Germany Clasp and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Service Medal. __ Hubert O. Fry, Jr.____ CHAIRPERSON INDEX CASE ID AR20070010493 SUFFIX RECON DATE BOARDED 20080117 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.