RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 December 2005
      DOCKET NUMBER:  AR20050000366


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 all of his authorized awards be
added to his report of separation (WD AGO Form 53-55) and that the award of
the Croix de Guerre be removed from his records and replaced with the
“Corde de Guerre.”

2.  The applicant states, in effect, that he has been awarded awards that
are not contained on his WD AGO Form 53-55 and that he was actually awarded
the Corde de Guerre instead of the Croix de Guerre that is listed on his
records.

3.  The applicant provides a copy of his WD AGO Form 53-55 and Honorable
Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 October 1945.  The application submitted in this case is
dated 21 December 2004 and was received on 3 January 2005.

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 are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  He was inducted on 18 September 1942 and entered active duty in
Portland, Oregon, on 2 October 1942.  He departed for the European-African-
Middle Eastern (EAME) Theater of Operations on 12 December 1942.  He
participated in the Sicilian, Tunisian, Naples-Foggia, Rome-Arno,
Rhineland, Southern France, and Central Europe Campaigns and thus is
entitled to one silver and two bronze service stars to denote his campaign
participation.

5.  He was wounded near Althenbach, Germany, on 17 March 1945 and was
awarded the Purple Heart for his wounds.

6.  He departed the EAME Theater of Operations on 2 October 1945 and was
transferred to Fort Lewis, Washington, where he was honorably discharged in
the rank of private first class (PFC) on 25 October 1945.  He had served 3
years,
1 month, and 18 days of service and was awarded the Distinguished Unit
Badge, the Purple Heart, the EAME Service Medal, the Good Conduct Medal,
the Bronze Service Arrowhead, and the Croix de Guerre with Palm order of
the day 1st French Army.

7.  Meanwhile, on 5 October 1945, shortly after his departure for the
United States, Headquarters, Third Infantry Division General Orders Number
371 was published to award him the Silver Star for heroism near
Althornbach, Germany, on 18 March 1945, while assigned to the 10th Engineer
Combat Battalion.  That award was never added to his WD AGO Form 53-55.

8.  On 24 November 1999, the National Personnel Records Center in St.
Louis, Missouri, authorized the issuance of the World War II (WWII) Victory
Medal Set and one silver and two bronze service stars.  Those awards are
not included on his WD AGO Form 53-55.

9.  Department of the Army General Order Number 43-50 awarded the
applicant’s unit the French Fourragere for the period of 15 August 1944 to
6 February 1945.  There is no evidence in the available records to show
that the applicant’s unit was awarded the “Corde de Guerre.”

10.  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.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of the EAME Campaign Medal for qualifying service in the
EAME Theater of Operations for the period 7 December 1941 to 8 November
1945.  It 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.  This regulation
states that authorized bronze service stars will be worn on the appropriate
campaign or service medal including the EAME Campaign Medal.  Army
Regulation 600-8-22 also provides, in pertinent part, that a silver service
star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record fails to show that the applicant’s unit was
awarded the “Corde de Guerre”; however, the evidence does show that his
unit was awarded the French Fourragere.  Accordingly, the award of the
Croix de Guerre that is currently reflected on his records should be
replaced with the award of the French Fourragere.

2.  The applicant was also awarded the Silver Star, the WWII Victory Medal,
and one silver and two bronze service stars to be affixed to his AEME
Campaign Medal that are not contained on his WD AGO Form 53-55.
Accordingly those awards should be added at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__slp___  __mhm___  __alr___  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 deleting the award of
the Croix de Guerre and replacing it with the French Fourragere, and by
showing that he was awarded the Silver Star, the WWII Victory Medal, and
one silver and two bronze service stars to be worn on his already awarded
EAME Campaign 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
award of the “Corde de Guerre.”



                 Shirley L. Powell
            ______________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000366                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |46/dec/awds                             |
|1.107.0000              |                                        |
|2.107.0096              |142/fr fourragere                       |
|3.107.0007              |53/ss                                   |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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