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ARMY | BCMR | CY2002 | 2002075969C070403
Original file (2002075969C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002075969


         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. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae Bullock 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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragerre, the French Croix de Guerre with Palm, the Presidential Unit Citation and the Bronze Star Medal (based on award of the Combat Infantryman Badge).
3. The applicant states, in effect, that he was assigned to Company A, 23rd Armored Infantry Battalion of the 7th Armored Division during World War II. He contends that a member of his unit received the Belgian Fourragere, the French Croix de Guerre with Palm and the Presidential Unit Citation, so he should also get the same recognition. He also contends that when he received the DA Form 1577 (Authorization for Issuance of Awards), dated 25 April 2000, which shows authorization for award of the Bronze Star Medal, it was the first time he had ever heard that he was to receive this medal. He indicates that he does not know what he did to receive this medal. In support of his application, he submits a letter of explanation, dated 19 June 2002; a copy of his WD AGO Form 53-55; a DA Form 1577, dated 25 April 2000; an undated Western Union telegram; and an historical overview of the 7th Armored Division.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
13 January 1943. He served as a rifleman squad leader in the European Theater of Operations from 25 September 1944 through 25 July 1945 and was honorably discharged on 25 October 1945.

5. The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Belgian Fourragerre, the French Croix de Guerre with Palm, the Presidential Unit Citation or the Bronze Star Medal (based on award of the Combat Infantryman Badge) as authorized awards.

6. The applicant provided a DA Form 1577 (Authorization for Issuance of Awards), dated 25 April 2000, which shows the National Personnel Records Center determined that he was eligible for the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the Combat Infantryman Badge and the Honorable Service Lapel Button.

7. 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, the 23rd Armored Infantry Battalion of the 7th Armored Division, received the Belgian Fourragerre for actions during the periods 16-31 December 1944 and 20-29 January 1945 by Department of the Army General Orders 43-50.

8. Department of the Army General Orders 43-50 show the 23rd Armored Infantry Battalion received the French Croix de Guerre with Palm for actions during the period 16-23 December 1944.

9. Department of the Army Pamphlet 672-1 also shows the applicant’s unit received the Distinguished Unit Citation for actions during the period 7-23 December 1944 by Department of the Army General Orders 48-48.

10. The applicant’s WD AGO Form 53-55 shows the applicant received the Combat Infantryman Badge during World War II.

11. 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 to which the applicant was assigned, the 16th Infantry Regiment, received occupation credit for Germany for the period from 4 June 1945 to 30 September 1945. The applicant’s discharge document does not show the Army of Occupation Medal with Germany Clasp.

12. Army Regulation 600-8-22 (Military Awards) 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.

13. 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. When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.

14. 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.

15. Army Regulation 600-8-22 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.

16. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

17. 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.

18. 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.

19. 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.
CONCLUSIONS:

1. The applicant was present when his unit was cited twice in the Order of the Day of the Belgian Army and as a result awarded the Belgian Fourragerre. Therefore, the applicant is entitled to correction of item 33 (Decorations and Citations) on his WD AGO Form 53-55 to show this foreign award.

2. The applicant’s unit received the French Croix de Guerre with Palm while he was assigned to it. Therefore, the applicant is entitled to correction of item
55 (Remarks) on his WD AGO Form 53-55 to show the entry, “French Croix de Guerre with Palm - Unit Citation - No Emblem Authorized.”

3. The applicant’s unit received the Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of item
33 (Decorations and Citations) on his WD AGO Form 53-55 to show this unit citation.

4. The applicant received the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show the Bronze Star Medal (based on award of the Combat Infantryman Badge).

5. While the applicant was assigned to the 23rd Armored Infantry Battalion of the 7th Armored Division, the unit received occupation credit for Germany. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

6. Based on the applicant’s honorable service from 13 January 1943 through
25 October 1945, he is entitled to award of the American Campaign Medal and the World War II Victory Medal. Therefore, his military records should be corrected to show these medals.

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

RECOMMENDATION:

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

         a. by showing the entries, “Belgian Fourragerre”, “Presidential Unit Citation”, “Bronze Star Medal (based on award of the Combat Infantryman Badge)”, “Army of Occupation Medal with Germany Clasp”, “American Campaign Medal” and “World War II Victory Medal” in item 33 (Decorations and Citations) on his WD AGO Form 53-55; and

         b. by showing the entry, ““French Croix de Guerre with Palm – Unit Citation – No Emblem Authorized” in item 55 (Remarks) on his WD AGO Form 53-55.

BOARD VOTE:

MKP____ JLP____ MB______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson
                  CHAIRPERSON




INDEX

CASE ID AR2002075969
SUFFIX
RECON
DATE BOARDED 20030114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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