RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040010438


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Richard Dunbar                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, confirmation of entitlement to the
Korea Defense Service Medal, which he refers to as the Korea Defense Medal,
a Presidential Unit Citation, the French Croix de Guerre, and a French
Fourragere.

2.  The applicant makes no statement.

3.  The applicant provides a copy of an August 1952 memorandum indicating
he is entitled to the French Fourragere, copies of orders confirming
service in Korea, and a 14 November 2004 statement regarding combat
decorations awarded to the 314th Infantry Regiment during World War II.
The applicant has annotated that document indicating that the second
battalion of the 314th Infantry was awarded the Presidential Unit Citation
for actions on 26 June 1944.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1969.  The application submitted in this case
is dated
16 November 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 5 August 1943 and served continuously until 31 August 1969
when he was retired by reason of length of service.  He has multiple
separation documents which were prepared at various times during his more
than 26 years of active Federal service when he was discharge for the
purpose of immediate reenlistment.

4.  Documents in his extensive military personnel file which are associated
with his request for the Presidential Unit Citation, French Croix de
Guerre, and French Fourragere confirm that he was assigned to the 2nd
Battalion, 314th Infantry Regiment between 19 April 1944 and 16 May 1945,
while deployed to the European Theater of Operations.
5.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) notes that the unit (2nd Battalion,
314th Infantry) was awarded a Distinguished Unit Citation for the period 25
and
26 June 1944.  The Distinguished Unit Citation was redesignated as the
Presidential Unit Citation in November 1966.  The pamphlet also shows that
the 2nd Battalion, 314th Infantry Regiment was awarded two awards of the
French Fourragere; one for the period 19 June through 27 August 1944 and
the second for the period 21 through 24 November 1944.

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

7.  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.

8.  When the Croix de Guerre is awarded to an individual on a by name
basis, there is a personal decoration which can be worn by the recipient.
The applicant’s file contains no evidence that he was awarded the French
Croix de Guerre as an individual.

9.  The applicant’s files show that he served two tours of duty in Korea.
His initial tour of duty was between 16 August 1951 and 21 April 1953 and
his second tour occurred between 26 May 1955 and 31 October 1955.
10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

11.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign award to eligible United States
veterans of the Korean War, or their surviving next of kin.  The medal is
provided at no cost to the veterans.  The Department of Defense has
assigned responsibility to the Department of the Air Force for distribution
of the Korean War Service Medal to eligible veterans or their surviving
next of kin.  To apply, veterans must provide a copy of their discharge
paper (Department of Defense Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Korean War Service Medal has
been authorized by the Department of the Air Force, the applicant may apply
to the Army Board for Correction of Military Records to add this foreign
award to his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to a Presidential
Unit Citation and two awards of the French Fourragere based on his service
with the 2nd Battalion, 314th Infantry Regiment, during World War II.

2.  Although the applicant’s unit would have been cited for award of the
French Croix de Guerre, because it was not an individual decoration, the
applicant is not entitled to that decoration.

3.  The evidence also confirms that the applicant is entitled to the Korea
Defense Service Medal based on his second tour of duty in Korea between May
and October 1955.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK __  ___BE __  __RD ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by confirming his
entitlement to a Presidential Unit Citation, two awards of the French
Fourragere, and the Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
confirmation of entitlement to the French Croix de Guerre.




                            ______Stanley Kelley_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010438                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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