RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                      OCTOBER 21, 2004
      DOCKET NUMBER:             AR2004103425


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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, that the Purple Heart, the Jump
Wings [correctly known as the Parachutist Badge], the Bronze Star Medal,
the Combat Action Ribbon, and the Belgian Croix de Guerre be added to his
WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable
Discharge.

2.  The applicant also inquires whether he should have been awarded the
Good Conduct Medal.  He states that he had three stripes when he went
overseas but he joined the paratroops and he doesn't know what happened to
the paperwork.

3.  The applicant submits a number of documents which are listed on an
addendum to his application to the Board among which are a copy of his
WD AGO Form 53-55 and his Honorable Discharge Certificate; a copy of
General Orders 218, Headquarters 101st Airborne Division, Office of the
Division Commander, dated 30 November 1945; a copy of a diploma from the
101st Airborne Division Parachute Jumping School, dated 23 October 1944; a
copy of an awards certificate for the Bronze Star Medal, dated 19 April
1951, and a copy of an awards certificate for the Purple Heart, also dated
19 April 1951.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 21 December 1945.  The application submitted in this case is dated 20
January 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.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from alternate sources.

4.  The applicant was inducted on 30 June 1943 and entered service at Fort
Snelling, Minnesota, on 14 July 1943.  The applicant was honorably
discharged in the grade of Private First Class on 21 December 1945.

5.  The applicant's WD AGO Form 53-55, Enlisted Record and Report of
Separation, Honorable Discharge, with an effective date of 21 December 1945
shows, in Item 33 (Decorations and Citations), that he was awarded the
European-African-Middle Eastern Campaign Medal with three bronze service
stars; the American Theater Campaign Medal; the World War II Victory Medal;
the Distinguished Unit Badge [now known as the Presidential Unit Citation];
and the Meritorious Unit Award [correctly known as the Meritorious Unit
Commendation]; and the Belgian Fourragere.  The Purple Heart; the
Parachutist Badge; the Bronze Star Medal; the Combat Action Ribbon; and the
Belgian Croix de Guerre, with Palm; are not shown.

6.  Since the Combat Action Ribbon is a Department of the Navy award, this
Board does not have authority to award the Combat Action Ribbon and it is
not discussed further in these Proceedings.  If the applicant had service
in the Navy and believes he is entitled to award of the Combat Action
Ribbon, then he may apply to the Board for Correction of Naval Records.

7.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form
53-55, shows that the applicant was awarded the Combat Infantryman Badge
and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-1
Rifle].

8.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form
53-55, shows the entry, "None."

9.  Item 38 (Highest Grade Held), of the applicant's WD AGO Form 53-55,
shows that the highest grade held by the applicant was Private First Class.

10.  The applicant's WD AGO Form 53-55, shows no award of the Purple Heart
in block 33.  The separation document shows the entry, "None" in Block 34.
The applicant provided a copy of an awards certificate awarding him the
Purple Heart for wounds received in action near Mourmelon, France, on 19
December 1944.  The Adjutant General (TAG), of the Army at the time, signed
the awards certificate on 19 April 1951.

11.  The applicant was awarded the Bronze Star Medal for meritorious
achievement in ground operations against the enemy in the European Theater
of Operations on about 23 December 1944, based on award of the Combat
Infantryman Badge, on 15 April 1951.  The TAG signed the awards certificate
on 19 April 1951.
12.  The applicant satisfactorily completed the prescribed course in
parachute packing, ground training, and jumping from a plane in flight, at
the 101st Airborne Division Parachute Jumping School, on 23 October 1944.
He was awarded the rating of qualified parachutist and the Parachutist
Badge.

13.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the applicant's unit, Company I,
506th Parachute Infantry Regiment, 101st Infantry Division, was awarded the
Belgian Fourragere for the period 22 through 27 December 1944 by Department
of the Army General Order (DAGO) 43, dated 1950, and the Netherlands Orange
Lanyard for the period 17 September through 28 November 1944 by DAGO 43,
dated 1950.

14.  General Orders 218, Headquarters 101st Airborne Division, dated 30
November 1945, awarded the 101st Airborne Division, and attached units,
which included the applicant's unit, the 506th Parachute Infantry, the
Belgian Fourragere, the Croix de Guerre, with Palm, and the Netherlands
Orange Lanyard for the period 22 through 27 December 1944.

15.  Army Regulation (AR) 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.

16.  The Netherlands Orange Lanyard may be awarded by the Netherlands
Government when a unit has been cited twice in the Order of the Day of the
Belgian Army.  The award of the Fourragere is not automatic but must be by
specific decree of the Netherlands Government.

17.  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.

18.  AR 600-65, then in effect, provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except that an award may be made for the
completion of one continuous year between 7 December 1941 and 2 March 1946,
both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple
Heart and the Bronze Star Medal.  These awards were not added to the
applicant's WD AGO Form 53-55 and it would be appropriate to do so at
this time.

2.  The evidence of record shows that the applicant was awarded the rating
of qualified parachutist and the Parachutist Badge.  It would be
appropriate to add the Parachutist Badge to his separation document at this
time.

3.  The Belgian Fourragere, which was awarded to the applicant's unit for
the period 22 through 27 December 1944 is already shown on the applicant's
WD AGO Form 53-55.  Therefore, this award will not be addressed further
in these proceedings.

4.  The applicant’s unit received the Croix de Guerre with Palm, awarded by
the Belgian Army, 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, “Belgian Croix de Guerre with Palm - Unit Citation - No
Emblem Authorized.”

5.  The Netherlands Orange Lanyard was awarded to the applicant's unit
while he was a member of the unit.  This award is not shown on his WD AGO
Form
53-55 and it would be appropriate to add it to this document at this time.

6.  The applicant's separation document shows that the highest grade held
by the applicant was Private First Class.  In his statement, the applicant
states that he had three stripes [to indicate Sergeant] when he went
overseas.  Since the applicant's records are not available because they are
thought to have been lost or were destroyed in the St. Louis fire and, the
applicant's statement indicates
that he may have been reduced in rank; there is therefore insufficient
evidence available upon which to base award of the Good Conduct Medal at
this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

ja______  rw______  dj______  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 adding the Bronze Star
Medal, the Purple Heart, the Parachutist Badge, and the Netherlands Orange
Lanyard, and the Belgian Croix de Guerre, with Palm - Unit Citation - No
Emblem Authorized, to the applicant's WD AGO Form 53-55.

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
award of the Good Conduct Medal to the applicant at this time.




            ____James E. Anderholm____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103425                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041021                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  60                  |107.0014                                |
|3.  61                  |107.0015                                |
|4.  76                  |107.0030                                |
|5.  102                 |107.0056                                |
|6.  143                 |107.0097                                |



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