PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 October 2002
         DOCKET NUMBER: AR2002073831


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Thomas A. Pagan		Member
Ms. Barbara J. Lutz		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.

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2. The applicant requests, as the son of a deceased former service member (FSM), that his father’s military records be corrected to show award of the Presidential Unit Citation, the French Croix de Guerre, the Belgian Fourragere, the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with five bronze service stars, the World War II Victory Medal, the Army of Occupation Medal, the French Jubilee of Liberty Medal, and the Good Conduct Medal.

3. The applicant states that his father did not know of the additional medals awarded to his unit. He contends that he is applying now because his mother is deceased, his stepmother has remarried and he is the next of kin. In support of his application, he submits verification of his next of kin status; the FSM’s Death Certificate; an undated letter from the colonel in command of the 291st Engineer Combat Battalion at the time in question; a citation for the Presidential Unit Citation for the 291st Engineer Combat Battalion; and a citation for the Croix de Guerre with silver star.

4. The FSM’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 that he enlisted on 10 September 1942. He served as a cannoneer in the European Theater of Operations from 24 November 1944 through 16 November 1945 and was honorably discharged on 4 December 1945.

5. The FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Presidential Unit Citation, the French Croix de Guerre, the Belgian Fourragere, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with five bronze service stars, the Army of Occupation Medal or the French Jubilee of Liberty Medal as authorized awards.
6. The FSM’s WD AGO Form 53-55 does show the American Defense Service Medal, the World War II Victory Medal and the Good Conduct Medal as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

7. The FSM’s WD AGO Form 53-55 shows that he completed over 22 months of “Continental Service” during World War II.

8. In support of his claim, the applicant provided an undated letter from the colonel in command of the 291st Engineer Combat Battalion at the time in question. The colonel attests that the FSM was entitled to the above mentioned awards as a member of the 291st Engineer Combat Battalion in Europe during World War II. However, the FSM’s WD AGO Form 53-55 shows his organization as Headquarters Company, 1st Battalion of the 291st Infantry Regiment.

9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit which is shown on the FSM’s discharge document, the 291st Infantry Regiment, received campaign credit for three campaigns during World War II (Ardennes, Central Europe and Rhineland). However, the FSM’s discharge document shows that he participated in five campaigns during World War II. (Ardennes, Central Europe, Normandy, Northern France, and Rhineland).

10. Department of the Army Pamphlet 672 shows the 291st Engineer Combat Battalion received campaign credit for five campaigns during World War II (Ardennes, Central Europe, Normandy, Northern France, and Rhineland).

11. Department of the Army Pamphlet 672-1 shows the 291st Engineer Combat Battalion received the Distinguished Unit Citation for actions during the period 17-26 December 1944 by War Department General Order 24-45.

12. Department of the Army Pamphlet 672-1 shows the 291st Engineer Combat Battalion was cited for the French Croix de Guerre for actions during an undated period by War Department General Order 43-50.

13. Department of the Army Pamphlet 672-1 shows the 291st Engineer Combat Battalion was not cited for the Belgian Fourragerre.

14. The FSM’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. His records show that he participated in five campaigns during World War II.

15. Department of the Army Pamphlet 672-1 shows the 291st Engineer Combat Battalion received occupation credit for Germany for the period from 2 May to
18 September 1945.

16. Department of the Army Pamphlet 672-1 does not list the French Jubilee of Liberty Medal as an unit award. Army Regulation 600-8-22 (Military Awards) does show the French Jubilee of Liberty Medal as an authorized award. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

17. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55. It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

18. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation 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.

19. Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award. The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre. When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green. When a unit is cited four times, the colors of the fourragere are yellow and green. Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.

20. 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.

21. Army Regulation 600-8-22 provides for award of the Belgian Fourragere. The regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army. The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government. Persons who were present in only one action are not authorized to wear the Fourragere.

22. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

23. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

24. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1. The FSM’s WD AGO Form 53-55 shows his organization as Headquarters Company, 1st Battalion of the 291st Infantry Regiment.

2. The Board noted the letter from the colonel in command of the 291st Engineer Combat Battalion which states that the FSM was a member of the 291st Engineer Combat Battalion during World War II.

3. The Board also noted the FSM’s discharge document shows that he received the same campaign credit as the 291st Engineer Combat Battalion during World War II.

4. Based on the foregoing, the Board concluded that the current entry in item
6 (Organization) on his WD AGO Form 53-55 listed the unit from which the FSM was separated, not the unit with which the FSM served in the European Theater of Operations during World War II. Therefore, the FSM is entitled to correction of item 6 (Organization) on his WD AGO Form 53-55 to show that he served in the 291st Engineer Combat Battalion.

5. The 291st Engineer Combat Battalion received the Presidential Unit Citation and the French Croix de Guerre while the FSM was assigned to it. Therefore, the FSM’s military records should be corrected to show these unit awards.

6. Department of the Army Pamphlet 672-1 shows the 291st Engineer Combat Battalion was not cited for the Belgian Fourragerre. Therefore, the Board determined that there is no evidence on which to base award of the Belgian Fourragerre in this case.

7. The FSM is entitled to the American Campaign Medal based on his honorable service from 10 September 1942 through 4 December 1945. Therefore, the FSM’s military records should be corrected to show this medal.

8. The FSM’s WD AGO Form 53-33 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, evidence of record shows the FSM participated in five campaigns during World War II which are not correctly shown by award of one silver service star for wear on his European-African-Middle Eastern Campaign Medal. Therefore, in accordance with the governing regulation, the FSM is entitled to the European-African-Middle Eastern Campaign Medal with one silver service star and correction of his military records to show these awards.

9. The 291st Engineer Combat Battalion received occupation credit for Germany for the period from 2 May to 18 September 1945. Therefore, the FSM is entitled to correction of his military records to show award of the Army of Occupation Medal with Germany Clasp.

10. In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’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 deleting the entry, “HQ CO 1st Bn 291st Inf” in item 6 (Organization) on the WD AGO Form 53-55 of the FSM;

         b. by adding the entry, “291st Combat Engineer Battalion” in item 6 on his WD AGO Form 53-55;

         c. by deleting the entry, “European African Middle Eastern Service Medal” in item 33 (Decorations and Citations) on the WD AGO Form 53-55;

         d. by adding the entries, “Presidential Unit Citation”, “American Campaign Medal”, “European-African-Middle Eastern Campaign Medal with one silver service star” and “Army of Occupation Medal with Germany Clasp”; and

         e. by adding the entry, “FRENCH CROIX DE GUERRE – UNIT CITATION – NO EMBLEM AUTHORIZED” in item 55 (Remarks) on the WD AGO Form 53-55.

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

BOARD VOTE:

KAK____ TAP____ BJL_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Karol A. Kennedy_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073831
SUFFIX
RECON
DATE BOARDED	20021029
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.