MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 March 2001
	DOCKET NUMBER:   AR2001052467

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

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelly		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Harry B. Oberg		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his service in the 1665th Ordnance Service and Maintenance Company (Aviation) in France be added to his WD AGO Form 
53-55 (Enlisted Record and Report of Separation) and, as a result of this service, that he be awarded the Army of Occupation Medal.

APPLICANT STATES:  That, at the time of his discharge the Air Force was part of the Army and President Truman made the Air Force a separate department of the armed forces.  He contends that the Army put the wrong information on his discharge so that he did not know that he was eligible for this award.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted on 12 October 1942 and entered active service on 26 October 1942.  He served in the European-African-Middle Eastern Theater of Operations from 20 November 1943 to 14 January 1946.  The applicant was honorably discharged on 30 January 1946.  

The applicant’s Soldier’s Qualification Card shows in item 29 (Record of Current Service) that he served as a sheet metal worker and as an airplane serviceman in the 478th Base Headquarters and Air Base Squadron and the 315th Depot Repair Squadron at Patterson Field, Ohio.  This record also shows that he served overseas from 1 December 1943 to 21 November 1945 successively in the Maintenance Division BAD #2 at Station 582 and the 1665th Ordnance Service and Maintenance Company (Aviation) as a sheet metal worker and as a Guard (M.P.) at Headquarters and Headquarters Squadron of the 9th BADA.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit awarded to units during World War II.  The applicant’s overseas units of assignment during World War II are not listed in this document.

The Army Board for Correction of Military Records analyst for this case contacted the Department of the Air Force Recognition Programs Branch to determine if the Maintenance Division BAD #2 at Station 582, the 1665th Ordnance Service and Maintenance Company (Aviation) or the Headquarters and Headquarters Squadron of the 9th BADA were listed as receiving occupation credit in World War II orders pertaining to the Army Air Corps.  The official at the Air Force Recognition Programs Branch could not identify these units or any evidence that they received occupation credit.

There is no evidence in the records available to the Board which shows the locations of the overseas organizations in which the applicant served during World War II.  

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.  This regulation authorizes award of the Army of Occupation Medal for qualifying service in Germany, Austria, Berlin, Italy, Japan, and Korea.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows those World War II units awarded occupation credit which is the authority for award of the Army of Occupation Medal to soldiers assigned to those units during the period of qualifying service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows the specific locations of the organizations to which he was assigned during his service in the European-African-Middle Eastern Theater of Operations.

2.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, does not list the Maintenance Division BAD #2 at Station 582, the 1665th Ordnance Service and Maintenance Company (Aviation) or the Headquarters and Headquarters Squadron of the 9th BADA.

3.  The Department of the Air Force Recognition Programs Branch could not identify the Maintenance Division BAD #2 at Station 582, the 1665th Ordnance Service and Maintenance Company (Aviation) or the Headquarters and Headquarters Squadron of the 9th BADA as units which received occupation credit during World War II.

4.  The regulation governing award of the Army of Occupation Medal does not list France as an area which qualified for award of the Army of Occupation Medal.  Furthermore, France was an ally of the United States during World War II and, as a result, the United States did not occupy France with armed forces after the end of hostilities.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___HBO__  __EWL__  ___SK__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001052467	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0067.0000	
2.		
3.		
4.		
5.		
6.