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Decision Text

ARMY | BCMR | CY2001 | 2001061291C070421
Original file (2001061291C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 December 2001
         DOCKET NUMBER: AR2001061291


         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. Lisa O. Guion Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Thomas Lanyi Member
Mr. Jose A. Martinez 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, that he be awarded the French Croix de Guerre Unit Citation.

3. The applicant states, in effect, that he was wounded in action in Tunisia and he is entitled to be awarded the French Croix de Guerre.

4. The applicant’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 in 1973. It is believed that the applicant’s records were lost in that fire. Information herein was primarily obtained from an enlisted record form (WD AGO Form 55), issued to him upon his separation from active duty.

5. He enlisted into the Army on 28 October 1940 and continuously served on active duty until 16 December 1944, at which time he was honorably discharged, in the rank of technical sergeant, after having served a total of 4 years, 1 month, and 19 days of active military service.

6. The WD AGO Form 55 confirms that the applicant arrived in the European Theater of Operations (ETO) on 7 August 1942, and served there until his departure for the United States on 16 December 1943. It also shows that while he was serving in the ETO he participated in the Algeria-French Morocco and Tunisia campaigns of World War II. In addition, it verifies that during his active duty tenure he earned the following awards: Good Conduct Medal;
European African Middle Eastern Campaign Ribbon with two bronze service stars; and Purple Heart.

7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 5-11 of the awards regulation contains guidance on awarding the World War II Victory Medal. It states, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8. Paragraph 5-12 (European-African-Middle Eastern Campaign Medal) states, in pertinent part, that a bronze service star is authorized with this medal for each campaign a member participated in while in the ETO; and a bronze arrowhead is authorized for the medal to denote the unit’s participation in an amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.

9. Paragraph 5-14 provides, in pertinent part, that the American Campaign Medal is awarded for qualifying service in the American Theater between
7 December 1941 and 2 March 1946.

10. Paragraph 5-16 states, in pertinent part, that American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941, under orders to active duty for a period of 12 months or longer.

11. Chapter 9, section IV provides a description of approved foreign unit awards and paragraph 9-21 describes the French Fourragere. It indicates that it may be awarded by the French Government when a unit has been cited twice for the French Croix de Guerre. Further, it comments that the award of the Fourragere is not automatic and requires a specific decree of the French Government.

12. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) 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 the 26th Infantry Regiment,
1st Infantry Division, the applicant’s unit in the ETO, participated in the following three campaigns during his assignment tenure: Algeria-French Morocco; Tunisia; and Sicily. In addition, during his assignment tenure, the unit also received credit for the North Africa assault landing. However, there is no reference made to his unit earning the French Croix de Guerre at anytime during World War II.

CONCLUSIONS:

1. There is no supporting evidence to show that the applicant was individually awarded the French Croix de Guerre nor is there any indication in the regulatory source publication that his unit earned this award. Therefore, the Board finds insufficient evidence to support adding the French Croix de Guerre to his record at this time.

2. Although the applicant was awarded the European African Middle Eastern Campaign Medal with two bronze service stars, the evidence of record shows that his unit received credit for participation in three campaigns. The evidence of record also shows that the applicant and his unit participated in the assault landing in North Africa on 8 November 1942. Therefore, the Board concludes that it would be appropriate to correct the applicant’s record to show he was awarded the European African Middle Eastern Campaign Medal with 3 bronze service stars and bronze arrowhead.

3. In addition, the Board also finds that the applicant is entitled to the following awards based on his service and accomplishments in the 26th Infantry Regiment, 1st Infantry Division, in the ETO that were not included in his separation document: World War II Victory Medal, American Campaign, and the American Defense Service Medal.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION
:

1. That all of the Department of the Army records related to this case be corrected to show that the individual concerned was awarded the European African Middle Eastern Campaign Medal with 3 bronze service stars and bronze arrowhead, World War II Victory Medal, American Campaign Medal, and the American Defense Service Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__INW __ _ _TL __ __JAM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright__
                  CHAIRPERSON



INDEX

CASE ID AR2001061291
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/12/18
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT (PARTIAL)
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.



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