ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20180000750 APPLICANT REQUESTS: correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) to show his award of the Army Occupational Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * WD AGO Form 100 (Separation Qualification Record * Service Treatment Record * National Personnel Records Center (NPRC) Letter * Army Review Board Agency (ARBA) Acknowledgement Letter * Congressional Liaison Release of Information Form * ARBA Response Letter to Congressional Liaison FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he would like his WD AGO Form 53-55 to reflect the award of the Army Occupational Medal as noted on his Separation Qualification Record that he has enclosed. He states that he was involved in a truck accident near Munich, Germany. He was sent to a hospital in Nancy, France and worked in a replacement depot in LeHarve, France where he did office work and guarded German prisoners that repaired railroad tracks and other jobs according to the applicant. He states that he believes he arrived in LeHarve, France in late August or early September of 1945 and stayed there until he shipped home in March 1946. 1. 3. The applicant provides the following: a. WD AGO Form 100 (Separation Qualification Record) that shows he entered active service on 29 July 1943 and he was separated on 15 March 1946. He held the rank of private for 3 months, the rank of private first class for 10 months, corporal for a total of 13 months and the rank of sergeant (SGT) for 6 months. His grade at the time of separation was SGT. b. Service treatment record that show his involvement in a vehicle accident. He suffered a concussion when the truck he was riding in was struck and forced off of the road and hit a tree on 8 July 1945 at 09:00 in Vic of Furstenfeldbruck, Germany. c. National Personnel Records Center letter dated 18 February, 2013, that shows that his service records were involved in a fire and they were reconstructed. d. Army Review Boards Agency Letter dated January 17, 2018, acknowledging the receipt of the applicant’s application. e. Congressional Liaison release of information form dated 29 January 2018, that includes a self-authored statement from the applicant stating that he applied for an Army Occupational Medal. He also states that he guarded a German Prisoner of War Camp from August 1945 to March 1946. f. Army Review Boards Agency Letter dated 30 August, 2018, responding to the applicant’s Congressional Liaison with a response to action on his claim 4. The applicant’s military records are not available for review with this case. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of a WD AGO Form 53-55. 5. A review of the applicant’s records show the following: a. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 29 July 1943. At the time of his separation: * he held military occupational specialty 542 (Communications Chief) * he was assigned to Battery B, 499th Armored Field Artillery Battalion b. He served in European Theater and the United States from 14 October 1944 to 8 March 1946. He participated in two campaigns (Rhineland and Central Europe). a. c. He was awarded the Bronze Star Medal on 17 July 1945. His organization at the time of the award was Battery B, 499th Armored Field Artillery Battalion. d. He was honorably separated on 15 March 1946. He completed 1 year, 2 months and 22 days of continental service and 1 year 4 months and 55 days of foreign service. e. His WD AGO Form 53-55 show that he was awarded the following medals * Good Conduct Medal * World War II Victory Medal * Bronze Star Medal (General Orders Number 74, Headquarters, 14th Armored Division 1945) * American Service Medal * European African Middle Eastern Service Medal 6. By regulation (AR 600-8-22), the Army of Occupation Medal 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: * The Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.) * Service for the prescribed period with a unit which has been designated in DA general orders as having met the requirement for the Berlin airlift device. * Service for which the individual was awarded the Berlin airlift device in orders issued by appropriate field authority. * Army of Occupation of Austria between 9 May 1945 and 27 July 1955. (Service between 9 May and 8 November 1945 will be counted only if the European- African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945) * Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. (Service between 9 May and 8 November 1945 will be counted only if the European- African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945) 7. By regulation (DA Pam 672-1 (Decorations, Awards and Honors), the 499th Armored Field Artillery Battalion, 14th Armored Division, received occupation credit from 2 May 1945 to 4 September 1945 for service in Germany. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the applicant’s service in Germany from 14 October 1944 to 8 March 1946, the Board concluded that the applicant was eligible and should be awarded the Army of Occupation Medal with Germany clasp and it should be added to his WD AGO Form 53-55. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s WD AGO 53-55 by awarding and adding the Army of Occupation Medal with Germany clasp. 2. Prior to closing the case, the Board noted the administrative note below from the analyst of record and recommended that change also be completed to more accurately depict the military service of the applicant. 6/11/2019 CHAIRPERSON Signed by: 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. ADMINISTRATIVE NOTE(S): Amend his WD AGO Form 53-55 by deleting the European African Middle Eastern Service Medal and adding the European African Middle Eastern Service Medal with 2 bronze service stars. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-8-22 (Military Awards) currently in effect states: 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: * The Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.) * Service for the prescribed period with a unit which has been designated in DA general orders as having met the requirement for the Berlin airlift device. * Service for which the individual was awarded the Berlin airlift device in orders issued by appropriate field authority. * Army of Occupation of Austria between 9 May 1945 and 27 July 1955. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.) * Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945) b. Service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award 4. DA Pam 672-1, Page 304 references 499th Armored Field Artillery Battalion, 14th Armored Division for the award of the Army of Occupational Medal for the period 2 May 1945 to 4 September 1945 for service in Germany. 4. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.