IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004519 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 award of the Army of Occupation Medal with Germany Clasp. 2. He states he served in Germany during the designated period for more than 30 days in 1945. 3. He provides his WD AGO Form 53-55 (Enlisted Records and Report of Separation - Honorable Service), Honorable Discharge Certificate, and a European Itinerary. 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 his 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 24 February 1943 and entered active duty on 3 March 1943. His WD AGO Form 53-55 shows: * his military occupational specialty is listed as stenographer * he was assigned to Battery D, 554th Antiaircraft Artillery Automatic Weapons (AAA AW) Battalion at the time of his separation * he arrived in the European theater of operations (ETO) on 11 January 1944 and departed the ETO on 17 October 1945 * he completed 10 months and 2 days of continental service and 1 year, 9 months, and 26 days of foreign service * he was honorably discharged on 30 October 1945 4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns, and item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the: * European-African-Middle Eastern Campaign Medal with silver battle star * Good Conduct Medal * 3 Overseas Service Bars 5. He provides a European Itinerary containing entries for troop movements and events occurring in Germany for the period 22 December 1944 to 30 September 1945. 6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal. This pamphlet does not show the 554th AAA AW Battalion was awarded occupation credit for Germany. 7. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal 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, 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. DISCUSSION AND CONCLUSIONS: The applicant's service in the ETO during World War II is not in question. However, there is no indication that the 554th AAA AW Battalion was awarded occupation credit for Germany. Therefore, there is insufficient evidence to confirm that he met the eligibility criteria for award of the Army of Occupation Medal with Germany Clasp. 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 that 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) AR20150004519 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004519 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1