Mr. Carl W. S. Chun | Director | |
Ms. Deborah L. Brantley | Senior Analyst |
Mr. John N. Slone | Chairperson | |
Ms. Barbara J. Ellis | Member | |
Mr. John E. Denning | Member |
APPLICANT REQUESTS: Award of the French Fourragere.
APPLICANT STATES: As a member of the 1st Infantry Division he should have received the award. He notes that his records were recently corrected to show that he was assigned to the 1st Infantry Division and as such is entitled to the award. He states he is “just learning about the benefits and awards due [him].” He submits no evidence in support of his request.
EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant.
Information available to the Board indicates the applicant enlisted in October 1940 and arrived in the European-African-Middle Eastern Theater of Operation in August 1942. On 24 December 1942 he was captured by hostile forces and remained in captivity until he was returned to U.S. control on 27 June 1944.
He returned to the United States in August 1944 and on 2 April 1945 was discharged with a certificate of disability for discharge. At the time of his separation, his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) listed his unit of assignment as the 1530th Service Unit. However, on 22 May 2001 the Board granted the applicant’s request (AR2001053727) to correct his records to show that he was assigned to Company A, 18th Infantry Regiment “during his tenure of service in the ETO [European Theater of Operation] during World War II….”
On 25 July 2001 his entitlement to the POW (Prisoner of War) Medal was confirmed via issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). That same document corrected the applicant’s 1945 separation document to show he was assigned to the 18th Infantry Regiment. The 18th Infantry Regiment was part of the 1st Infantry Division during World War II.
A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (18th Infantry Regiment, 1st Infantry Division) was awarded the French Fourragere by the French Government for its actions between 1 January and 30 April 1943 and on 6 June 1944. The award was confirmed in Department of the Army General Orders Number 43 in 1950.
Army Regulation 600-8-22 states that the French Government may award the French Fourragere when a unit has been cited twice for the Croix de Guerre. The award of the Fourragere is not automatic, but required a specific decree by the French Government. Additionally, the regulation notes that individuals who were present in only one action are not authorized to wear the Fourragere.
Army Regulation 670-1, which establishes the policies for wearing U.S. and foreign unit awards, does not specifically address authorization entitlement for foreign unit awards. However, it does state that a soldier may permanently wear a U.S. unit award, if the individual was “assigned to and present for duty with the unit any time during the period cited….”
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. Although the applicant may have been assigned to the 18th Infantry Regiment, 1st Infantry Division, during the period for which the unit was awarded the French Fourragere, he was in a confirmed POW status at the time and would not have been “present” for either action recognized by the award.
2. Additionally, while Army Regulation 670-1 does not specifically address entitlement to permanent wear of foreign unit awards, the Board concludes that clearly the intent would be that, as with U.S. unit awards, an individual would need to be assigned and “present for duty” in order to wear the decoration permanently.
3. As such, the Board concludes that it would be inappropriate to correct the applicant’s records to reflect entitlement to an award for which he clearly did not meet the spirit or intent for permanent wear.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___JNS _ ___BJE__ __JED __ DENY APPLICATION
CASE ID | AR2001063616 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20020214 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 107.00 |
2. | |
3. | |
4. | |
5. | |
6. |
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