RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040010939


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 correction of his military records to show award
of the Bronze Star Medal, the French Croix de Guerre, and change of his
final rank to sergeant, pay grade E-6.

2.  The applicant states, in effect, that his service record is in error
because it does not show these awards, or his correct pay grade.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge), dated 9 December 1945; a
copy of his Honorable Discharge Certificate, dated 9 December 1945; a copy
of his Bronze Star Medal Certificate, dated 1 December 1952; and copies of
documents from publications on the Blue Devil (88th Division) History.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 December 1945, the date of his separation.  The application submitted in
this case is dated 1 December 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 limitation 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.  Military records show that the applicant was inducted into the U.S.
Army on
2 July 1942.  On 4 December 1943, the applicant was assigned to the
351st Infantry Regiment and served in the European Theater of Operations
until
23 November 1945.  He was separated from the Army on 9 December 1945.

4.  A review of the applicant's WD AGO Form 53-55, shows that Item 3
(Grade), contains the entry, "SGT" and Item 38 (Highest Grade Held) of the
document also contains the entry, "SGT".
5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO
Form
53-55 shows he was awarded the Combat Infantryman Badge.  Item 32 (Battles
and Campaigns) of the document shows he participated in two campaigns:
Rome-Arno and Naples-Foggia.  Item 33 (Decorations and Citations) of the
document shows that the applicant was awarded the American Theater Ribbon,
European-African-Middle Eastern Campaign Medal with 2 bronze service stars,
Good Conduct Medal, Presidential Unit Citation, and World War II Victory
Medal.

6.  The applicant's service records contains a copy of Department of the
Army, Review Boards Agency, Permanent Orders 175-05, dated 23 June 2004,
which shows the applicant was awarded the Bronze Star Medal for meritorious
service in ground combat, from 3 January 1944 to 2 September 1945.

7.  The applicant's military service records also contains a copy of DD
Form 215 (Correction to DD Form 214, Certificate of Release or Discharge
from Active Duty), dated 23 June 2004, which shows that Item 33 of his WD
AGO Form
53-55 was corrected to show award of the Bronze Star Medal.  Accordingly,
no further action is required.

8.  There is no evidence in the applicant's military service records that
shows he held the rank of sergeant, pay grade E-6.

9.  The applicant provided a copy of his Bronze Star Medal certificate and
copies of documents from publications on the Blue Devil (88th Division)
History, which states that the 351st Infantry Regiment was awarded the
French Croix de Guerre

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in World War II.  This document shows the unit to which the
applicant was assigned, 351st Infantry Regiment, was cited for award of the
French Croix de Guerre by Department of the Army, General Orders Number 43,
dated 1950.

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

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Bronze Star Medal, French Croix de Guerre, and correction of his rank to
sergeant, pay grade E-6.

2.  General Orders awarded the applicant the French Croix de Guerre.
Therefore, it would be appropriate to correct his records to show this
foreign unit award.

3.  The applicant provided no evidence to support his claim, and there is
no evidence of records, that shows the applicant is entitled to correction
of his rank to sergeant, pay grade E-6.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEV__  __RJW__  ___RR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the French Croix de Guerre.  The letter, DD Form
215, or other directive used to correct the WD AGO Form 53-55 will show the
following entry in Item 55 (Remarks):  "French Croix de Guerre - Unit
Citation - No Emblem Authorized".




                            ______James E. Vick_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010939                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451209                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0096.0000                           |
|2.                      |129.0500.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]