IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150013118 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x___ ____x____ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150013118 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the Case Management Division-St. Arlington, Virginia, administratively correct the records of the individual concerned by adding the Army of Occupation Medal with Germany Clasp 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. IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150013118 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) by showing his unit received the Distinguished Unit Citation (DUC), now known as the Presidential Unit Citation (PUC). 2. The applicant states he was assigned to the 3259th Signal Service Company which was attached to the 94th Signal Battalion. He has a copy of the citation and wants his records corrected for his children and grandchildren. 3. The applicant provides copies of: * A Letter of Commendation to the Commanding General, III Corps, dated 9 May 1945 with a 1st Indorsement to the Commander, 3259th Signal Service Company, dated 26 May 1945 * A Letter of Commendation through the Signal Officer, Third U.S. Army to the Commander, 3259th Signal Service Company, dated 10 May 1945 * A Letter of Commendation from the Commander, Signal Security Detachment to the Commander, 3259th Signal Service Company, dated 24 May 1945 * General Orders Number 194, third U.S. Army, dated 30 July 1945 * WD AGO Form 53-55 ending on 7 March 1946 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. The applicant’s WD AGO Form 53-55 shows: a. He enlisted in the Enlisted Reserve Component on 30 November 1942. He entered active duty on 24 September 1943. b. He completed training at the Central Signal Corps School located at Camp Crowder, Missouri. He was subsequently awarded military occupational specialty 766 (Manual Radio Operator, High Speed). c. He was assigned to the 3259th Signal Service Company. d. He departed the United States on 1 November 1944 for duty in the European Theater of Operations (ETO), arriving on 10 November 1944. e. On 18 February 1946, he departed the ETO and arrived in the United States on 1 March 1946. f. He participated in the Rhineland (10 November 1944 to 21 March 1945) and Central Europe (22 March to 11 May 1945) Campaigns. g. He was honorably discharged on 7 March 1946 in the rank of Technician, 5th Grade. h. His awards and badges are listed as: * American Theater Ribbon * European, African, Middle-Eastern Theater Ribbon with two bronze service stars * Good Conduct Medal * World War II Victory Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Lapel Button REFERENCES: 1. Army Regulation 600-8-22 (Military Awards): a. The PUC (known as the DUC until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. b. The Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. 2. 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. a. This pamphlet shows that the 94th Signal Battalion was awarded the DUC and was announced in War Department General Order (WD GO) 76-45, dated 21 March 1945. b. This pamphlet shows the 3259th Signal Service Company received occupation credit in Germany for the period 20 May to 14 August 1945. DISCUSSION: 1. The applicant contends that his WD AGO Form 53-55 should be corrected by showing his unit received the DUC now known as the PUC. He further states that his signal company was attached to the 94th Signal Battalion. 2. The available evidence shows that the applicant was assigned to the 3259th Signal Company and that it received occupation credit for Germany during a qualifying period for award of the Army of Occupation Medal with Germany Clasp. 3. The applicant’s sincerity is not in question. Unfortunately, the review of the applicant’s enclosures and a search of records failed to produce documentation showing that the 3259th Signal Company was attached to the 94th Signal Battalion or that it received the DUC for distinguished service. 4. The available evidence does show that the applicant’s company was cited for occupation credit in Germany; and therefore qualified for award of the Army of Occupation Medal with Germany Clasp. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013118 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013118 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2