BOARD DATE: 9 November 2010 DOCKET NUMBER: AR20100012549 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the World War II (WWII) Victory Medal and the Germany Clasp for his already awarded Army of Occupation Medal. 2. The applicant states he never received his WWII Victory Medal even though he entered active duty on 9 October 1946 during the inclusive dates for award of the WWII Victory Medal. He further adds he is supposed to have a Germany Clasp for his Army of Occupation Medal. 3. The applicant provides: * his WD AGO Form 53-55 * his Honorable Discharge Certificate * his WD AGO Form 100 (Separation Qualification Record) * internet downloads concerning both awards 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 enlisted in the Regular Army for 2 years on 9 October 1946. Following Basic Combat Training, he completed Electricians' Specialist School at Fort Belvoir, VA. He was then transferred to the European Theater of Operations (ETO), arriving there on or about 18 April 1947. 3. The applicant served in Europe until August 1948 when he was returned to the United States for separation. He was honorably separated on 13 September 1948 at Camp Kilmer, NJ. 4. The applicant's WD AGO Form 53-55 shows he was awarded the Army of Occupation Medal. 5. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides: a. The Army of Occupation Medal was established by War Department General Orders 32, 1946. It is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to any of the following areas: Germany, Austria, Italy, Berlin, Japan and surrounding islands, and Korea. Clasps are authorized for wear on the Army of Occupation Medal. Soldiers who served in the ETO during the occupation of Europe will wear the clasp inscribed "Germany." b. The World War II Victory Medal was established by the act of Congress 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. The applicant requests addition of the Germany Clasp to his Army of Occupation Medal, and award of the WWII Victory Medal. 2. A review of the applicant's service records and pertinent regulations shows the applicant is entitled to the Germany Clasp and the WWII Victory Medal. BOARD VOTE: ____x__ ___x_____ ____x____ 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: * awarding him the WWII Victory Medal and the Germany Clasp (for his Army of Occupation Medal) * adding both to his WD AGO Form 53-55 _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100012549 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012549 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1