IN THE CASE OF: BOARD DATE: 25 October 2012 DOCKET NUMBER: AR20120006309 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 the records of her late father, a former service member (FSM), be corrected to show the Army of Occupation Medal (AOM). 2. The applicant states: * the AOM was established in 1947, retroactively for World War II veterans * the FSM served more than 30 days in Italy entitling him to the AOM * the FSM was discharged in 1945 prior to the authorization of the AOM 3. The applicant provides: * Self-authored statement * Army Board for Correction of Military Records (ABCMR) letter * Certificate of Death * Certificate of Birth Registration * Florida Driver License * Honorable Discharge Certificate * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) 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 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 FSM'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 (NPRC) in 1973. It is believed his records were lost in that fire. However, there were sufficient documents in the reconstructed record which includes his WD AGO Form 53-55 to allow the Board to conduct a fair and impartial review of this case. 3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 24 February 1941. He served on active duty until he was honorably discharged on 4 July 1945 in the rank of technician four/E-4. 4. The FSM's WD AGO Form 53-55 shows he arrived in the European Theater of Operations (ETO) on 6 September 1942. He served with the 3335th Quartermaster Truck Company. He departed the theater on 24 June 1945. 5. His WD AGO Form 53-55 contains the following entries: * Item 32 (Battles and Campaigns) * Algeria-French Morroco * Tunisia Sicily * Rome Arno * Po Valley * Item 33 (Decorations and Citations) * Army Good Conduct Medal * American Defense Service Medal * European-African-Middle Eastern (EAME) Campaign Medal 6. Item 37 (Total Length of Service) (Continental Service) of the FSM's WD AGO Form 53-55 shows he served 1 year, 6 months, and 13 days in the continental United States. 7. Army Regulation 600-8-22 (Military Awards) states the AOM is awarded for service of 30 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 award of the AOM with Germany Clasp for the AOM of Italy, service must have been between 9 May 1945 and 15 September 1947. Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded prior to 9 May 1945. Qualifying service for this award must have been in the Compartment of Venezia Giulia E. Zara, the Province of Udine, or with a unit in Italy as designated in General Orders Number 4, dated 1947. 8. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that during the FSM's tenure of assignment in the ETO, his unit (3335th Quartermaster Truck Company) was not awarded AOM credit. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the FSM should be awarded the AOM. 2. Regulatory guidance provides that credit for occupation duty is given to those units, which were in prescribed locations at the time of cessation of hostilities. The evidence in this case confirms the FSM's unit did not qualify for occupation credit during his World War II service. Accordingly, there is no basis upon which to grant the requested relief in this case and the applicant's request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ __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) AR20120006309 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006309 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1