ABCMR Proceedings (cont)                                                        AR2002081153

PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:             13 May 2003
	DOCKET NUMBER:     AR2002081153

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

| Mr. Carl W. S. Chun | | Director
| Ms. Beverly A. Young | | Analyst

  The following members, a quorum, were present:

| Ms. Margaret K. Patterson | | Chairperson
| Mr. Ted S. Kanamine | | Member
| Mr. Lawrence Foster | | Member

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his records to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Carbine Bar, the Expert Marksmanship Badge with Pistol Bar, the Parachutist Badge, the Distinguished Unit Citation with First Oak Leaf Cluster, the Bronze Star Medal with First Oak Leaf Cluster.  He also requests correction of his records to show he completed Demolition School at Fort Jackson, South Carolina and to show campaign credit for Holland and "Bastone."

3.  The applicant states, in effect, that his records should be corrected to show these corrections.  He submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) in support of his application.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted in the Army of the United States on 27 November 1942 and entered active service on 4 December 1942.  He completed training as a demolition specialist and served in the European Theater of Operations from 19 October 1943 to 17 September 1945.  The applicant was honorably discharged from active duty on 24 September 1945.

5.  Item 31 (Military Qualification and Date) on his WD AGO Form 53-55 shows the entry "NONE."  

6.  There are no orders available to the Board which shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Carbine Bar, or the Expert Marksmanship Badge with Pistol Bar.  There is also no evidence available to the Board which shows the applicant met the requirements for award of these qualification badges.

7.  The applicant's WD AGO Form 53-55 does not show the Parachutist Badge as an authorized award.  His discharge document shows he completed the prescribed training at parachute school while he was assigned to the 101st Airborne Division.

8.  War Department Form 871 (Final Payment Roll) shows the applicant received parachute duty pay from 1 September 1945 to 15 September 1945.

9.  Item 33 (Decorations and Citations) on the applicant's WD AGO Form 53-55 shows he was awarded one award of the Distinguished Unit Citation based on General Orders Number 31, dated 31 August 1945.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, 326th Airborne Engineer Battalion, received the Distinguished Unit Citation for actions during the period 18 to 27 December 1944 based on War Department General Order 17-45.

11.  The applicant's WD AGO Form 53-55 shows the Bronze Star Medal as an authorized.  

12.  There is no evidence available to the Board which shows the applicant was awarded a second award of the Bronze Star Medal.  The applicant did not provide a copy of orders or an award certificate in support of his claim for the Bronze Star Medal with First Oak Leaf Cluster.

13.  Item 30 (Military Occupational Specialty and Number) on the applicant's WD AGO Form 53-55 shows he completed military occupational specialty training as a demolition specialist in specialty number 7533.  However, the service school is not listed in item 41 (Service Schools Attended) on his discharge document.  There is no evidence available to the Board which shows the applicant completed Demolition School at Fort Jackson, South Carolina.

14.  The applicant's WD AGO Form 53-55 shows he received campaign credit for participation in the Ardennes Campaign, the Central Europe Campaign, the Normandy Campaign and the Rhineland Campaign in item 32 (Battles and Campaigns).  Department of the Army Pamphlet 672-1 does not show that the 326th Airborne Engineer Battalion, received campaign credit for Holland or "Bastone."

15.  The Board noted that the applicant is entitled to the European-African-Middle Eastern Service Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp, the French Croix de Guerre, the Belgian Fourragere, the Netherlands Orange Lanyard, and the World War II Victory Medal which are not shown on his discharge document.

16.  The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Service Medal as an authorized award.  Department of the Army Pamphlet 672-1 shows the applicant's unit, the 326th Airborne Engineer Battalion, received campaign credit for participation in the Ardennes-Alsace Campaign, the Central Europe Campaign, the Normandy Campaign, and the Rhineland Campaign.  

17.  Department of the Army Pamphlet 672-1 shows that the applicant's unit, the 326th Airborne Engineer Battalion, received occupation credit for Germany for the period from 20 May to 3 June 1945.

18.  Department of the Army Pamphlet 672-1 shows that the 326th Airborne Engineer Battalion, was cited for award of the French Croix de Guerre for actions during the period 6 to 8 June 1944 by Department of the Army General Orders Number 43, dated 1950.

19.  Department of the Army Pamphlet 672-1 also shows that the 326th Airborne Engineer Battalion, was cited twice in the Belgian Order of the Day for the periods 6 June 1944 and 22 to 27 December 1944.  This resulted in award of the Belgian Fourragere based on Department of the Army General Orders 43-50.  

20.  Department of the Army Pamphlet 672-1 shows that the 326th Airborne Engineer Battalion, was cited for award of the Netherlands Orange Lanyard for actions during the period 17 September to 28 November 1944 by Department of the Army General Orders 43-50.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

22.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

23.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

24.  Department of the Army Technical Manual TM12-235, in effect at the time, established the policies and procedures for completion and distribution of the WD AGO Form 53-55.  It states, in pertinent part, that the service schools at which soldier completed course satisfactorily will be entered in item 41 of the WD AGO Form 53-55.  

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
26.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William.  As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere and the Netherlands Orange Lanyard.  

CONCLUSIONS:

1.  There is no evidence of record available to the Board which shows the applicant was awarded or met the requirements for award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Carbine Bar, and the Expert Marksmanship Badge with Pistol Bar.  Therefore, there is no basis for correcting his records to show these qualification badges.

2.  There are no orders authorizing award of the Parachutist Badge to the applicant.  

3.  The applicant's discharge document shows he successfully completed Parachute School.  The Board noted that the applicant received parachute duty pay from 1 September 1945 to 15 September 1945.  Upon review of this evidence, the Board determined that is sufficient as a basis for award of the Parachutist Badge and correction of his records to show this badge.

4.  The applicant's WD AGO Form 53-55 shows the Distinguished Unit Citation as an authorized award.  

5.  The Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was cited for a second award of the Distinguished Unit Citation.  Therefore, he is entitled to two awards of the Distinguished Unit Citation and correction of his records to show these awards.

6.  The applicant's WD AGO Form 53-55 shows entitlement to one award of the Bronze Star Medal.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded a second award of the Bronze Star Medal.  Therefore, there is no basis for correcting his records to show the Bronze Star Medal with First Oak Leaf Cluster. 
7.  There is no evidence available to the Board which shows the applicant completed Demolition School at Fort Jackson.  Therefore, there is no basis for granting the applicant's request.

8.  The Department of the Army Pamphlet 672-1 does not show that the applicant's unit, the 326th Airborne Engineer Battalion, received campaign credit for Holland or "Bastone."  Therefore, there is no basis for amending his records to show these campaigns.

9.  The applicant was awarded the European-African-Middle Eastern Service Medal.  However, evidence available to the Board shows that the applicant received credit for participation in four campaigns during World War II.  Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Service Medal with four bronze service stars and correction of his records to show these awards.   

10.  Evidence of record available to the Board shows that the applicant's unit, the 326th Airborne Engineer Battalion, received occupation credit for Germany.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

11.  While the applicant was assigned to the 326th Airborne Engineer Battalion, the unit was cited for award of the French Croix de Guerre.  Therefore, his discharge document will be amended to show the entry:  FRENCH CROIX DE GUERRE – UNIT CITATION – NO EMBLEM AUTHORIZED."

12.  While the applicant was still assigned to the 326th Airborne Engineer Battalion, the unit was cited twice for award of the Belgian Fourragere.  Therefore, his discharge document will be amended to show this foreign unit award.

13.  Evidence of record available to the Board also shows that, while the applicant was assigned to the 326th Airborne Engineer Battalion, the unit was cited for award of the Netherlands Orange Lanyard.  Therefore, his discharge document will be amended to show this foreign unit award.

14.  The applicant served a period of qualifying service for award of the World War II Victory Medal; therefore, his records will be corrected to show this award.

15.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing the individual concerned was awarded the Parachutist Badge, two awards of the Distinguished Unit Citation, the European-African-Middle Eastern Service Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp, the Belgian Fourragere, the Netherlands Orange Lanyard, and the World War II Victory Medal; and 

	b.  by adding the entry:  "FRENCH CROIX DE GUERRE - - UNIT CITATION - - NO EMBLEM AUTHORIZED" to the Remarks Block on his discharge document.

2.  That so much of the application as it relates to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Carbine Bar, the Expert Marksmanship Badge with Pistol Bar, the Bronze Star Medal with First Oak Leaf Cluster and correction of his records to show completion of Demolition School and campaign credit for Holland and "Bastone" be denied.

BOARD VOTE:  

MKP____  TSK_____  LF______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID | AR2002081153
SUFFIX |
RECON | YYYYMMDD
DATE BOARDED | 20030513
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE | YYYYMMDD
DISCHARGE AUTHORITY | AR . . . . .
DISCHARGE REASON |
BOARD DECISION | GRANT IN PART
REVIEW AUTHORITY | Mr. Schneider
ISSUES         1. | 107.0000
2. |
3. |
4. |
5. |
6. |