RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050002059


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, correction of his military records
to show award of the Purple Heart, assault credit for two combat glider
landings, the Presidential Unit Citation with one oak leaf cluster, and
three foreign unit awards; specifically, the French Croix de Guerre,
Netherlands Orange Lanyard, and Belgian Fourragere.

2.  The applicant states, in effect, that he is entitled to award of the
Purple Heart based on the fact that he suffered frostbite of his feet and
legs during his unit's advance to Marvic, Bastogne, Belgium in December
1944.  He also states that his records do not accurately reflect assault
credit for his participation in two combat glider landings, or all of his
unit awards for service during World War II.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation Honorable Discharge), dated 10 December 1945;
National Archives Form 13055 (Request for Information Needed to Reconstruct
Medical Data), dated 11 October 2004; and a one-page extract from a book
titled Foreign Citations.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 December 1945, the date of his separation from the Army.
The application submitted in this case is dated 16 August 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.  Available military service records show that the applicant entered
active duty in the U.S. Army on 29 May 1943.  He was assigned to
Headquarters Company, 327th Glider Infantry Regiment, 101st Airborne
Division, and served in the European Theater of Operations from 20 December
1943 to 28 November 1945. The applicant was honorably discharged on 10
December 1945.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55
shows that he participated in four campaigns:  Normandy, Rhineland,
Ardennes, and Central Europe.  Item 31 (Military Qualification and Date
(i.e., infantry, aviation and marksmanship badges, etc.)) contains the
entry "Combat Inf 7/44; Glider 7/44".  Item 33 (Decorations and Citations)
shows that the applicant was awarded the Bronze Star Medal, Good Conduct
Medal, Distinguished Unit Badge, European-African-Middle Eastern Theatre
Service Medal with 4 bronze service stars, and World War II Victory Medal.
Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55
contains the entry "None".

5.  The applicant's military service records are not available and were
most likely lost or destroyed in the fire that occurred at the National
Personnel Records Center on 12 July 1973.  However, the applicant's record
contains a copy of a letter from the Chief of the Military Awards Branch,
U.S. Total Army Personnel Command, Alexandria, Virginia, dated 14 November
2001.  This document responds to a member of Congress concerning the
applicant's request for award of the Purple Heart.  It shows that the
applicant's records fail to show any evidence of medical treatment for
frostbite and that the National Personnel Records Center reviewed the
applicant's unit morning reports with no success.

6.  The applicant provides copies of his discharge document, a request for
information needed to reconstruct his medical records, and a one-page
extract from a book on unit awards in support of his application.  The
discharge document provides basic information to substantiate the
applicant's service and awards.  The applicant also provides copies of a
request he submitted to the National Personnel Records Center to
reconstruct his medical records in 2004. As part of that request he claims
that he was treated for frozen feet, from 19 December 1944 to 4 January
1945.  The book on unit awards offers general information on the foreign
unit awards and battle credits the 101st Airborne Division earned during
World War II.

7.  A review of the applicant's WD AGO Form 53-55 reveals that he may be
entitled to additional awards that are not shown on the document.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961,shows that at the time of
the applicant's assignment to Headquarters Company, 327th Glider Infantry
Regiment, the unit was credited with an assault landing at Normandy,
France, on 6 and 7 June 1944, by War Department, General Orders Number 116
(1946).  This document shows the unit was also credited with an assault
landing at Nijmegen-Arnhem, Netherlands, on 17 September 1944, by War
Department, General Orders Number 70 (1945).

9.  Department of the Army Pamphlet 672-1 also shows that, at the time of
the applicant's assignment to Headquarters Company, 327th Glider Infantry
Regiment, 101st Airborne Division, the unit was awarded the Distinguished
Unit Citation for the period 18 to 27 December 1944 by War Department,
General Orders Number 17 (1945).  This document also shows that
Headquarters and Headquarters Company, 101st Airborne Division, was awarded
the Distinguished Unit Citation on 6 June 1944 by War Department, General
Orders Number 4 (1945).

10.  Additionally, Department of the Army Pamphlet 672-1 shows that, at the
time of the applicant's assignment to Headquarters Company, 327th Glider
Infantry Regiment, 101st Airborne Division, the unit was cited for award of
the French Croix de Guerre, for the period 6 to 8 June 1944, by
Headquarters, Department of the Army, General Orders Number 43 (1950).
This document also shows that, at the time of the applicant's assignment,
the unit was cited for award of the Netherlands Orange Lanyard, for the
period 17 September 1944 to
28 November 1944, by Headquarters, Department of the Army, General Orders
Number 43 (1950).  This document further shows that, at the time of the
applicant's assignment, the unit was cited for award of the Belgian
Fourragere, on 6 June 1944, and for the period 22 to 27 December 1944, by
Headquarters, Department of the Army, General Orders Number 43 (1950).

11.  Department of the Army Pamphlet 672-1 further shows that, at the time
of the applicant's assignment to Headquarters Company, 327th Glider
Infantry Regiment, the unit received credit for the occupation of Germany
during the period 2 May 1945 to 31 October 1945.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.  Army
Regulation 600-45 (Decorations), which governed the award of Army
decorations until
23 August 1951, stated that for the purpose of considering an award of the
Purple Heart, a “wound” is defined as an injury to any part of the body
from an outside force, element, or agent sustained while in action in the
face of the armed enemy or as a result of a hostile act of such enemy.  An
“element” pertains to weather and the award of this decoration to personnel
who were severely frostbitten while actually engaged in combat is
authorized.  The Army regulation further states that substantiating
evidence must be provided to verify that the wound was the result of
hostile action, the wound must have required treatment by a medical
officer, and the medical treatment must have been made a matter of official
record.

13.  War Department Circular 269 (1943) established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186 (1944), further provided that the Combat
Infantryman Badge was to be awarded only to infantrymen serving with
infantry units of brigade, regimental or smaller size.

14.  Army Regulation 600-8-22 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 also 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.  Army Regulation 600-8-22
also states, in pertinent part, that the first oak leaf cluster is awarded
to denote the second and succeeding awards of certain decorations, among
which is the Bronze Star Medal.

15.  Army Regulation 600-8-22 states, in pertinent part, that award of the
Glider Badge was discontinued effective 3 May 1961.  The regulation
authorizes wear of the Glider Badge if the individual met the eligibility
requirements then in effect. The regulation also provides for award of the
Glider Badge retroactively when it can be established by means of
sufficient documentation that the proficiency tests then prescribed were
satisfactorily completed while the individual was assigned or attached to
an airborne unit, or to the Airborne Department of the Infantry School, or
by participating in at least one combat glider landing into enemy-held
territory as a member of an organized force carrying out an assigned
tactical mission for which the unit was credited with an airborne assault
landing by the theater commander.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also
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 European-African-Middle Eastern
Campaign Medal.

17.  This Army regulation further provides, in pertinent part, for the
“arrowhead” device to be worn on the appropriate service medal to denote
participation in a combat parachute jump, helicopter assault landing,
combat glider landing, or amphibious assault landing while assigned or
attached as a member of an organized force carrying out an assigned
tactical mission.  The regulation specifies that individual assault credit
is tied directly to the combat assault credit decision for the unit to
which the Soldier is assigned.  The regulation requires that the unit must
be credited with a combat assault in order for the Soldiers to receive
credit for a combat assault and the Soldier must physically exit the
aircraft or the watercraft as appropriate.  The regulation also specifies
that the "arrowhead" device is authorized for wear on the European-African-
Middle Eastern Campaign Medal.  However, it also specifies that only one
"arrowhead" device will be worn on any ribbon.

18.  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.

19.  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.

20.  Army Regulation 600-8-22 provides for award of the Orange Lanyard by
the Netherlands Government when a unit has been cited and awarded the
Netherlands Military Order of William.  It may also be awarded
independently.  The award of the Orange Lanyard is not automatic, but must
be by specific decree of the Netherlands Government.


21.  Army Regulation 600-8-22 also provides for award of the Belgian
Fourragere.  This 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.

22.  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 Netherlands Military Order of William and the Belgian Citation
in the Order of the Day.  As a result, the only European foreign unit
awards which a former Army Soldier may wear are the French Fourragere, the
Belgian Fourragere, and the Netherlands Orange Lanyard.

23.  Department of the Army Pamphlet 672-1 shows World War II units that
are authorized occupation credit and therefore, entitlement to the Army of
Occupation Medal.  Additionally, 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, and escort on
temporary or detached duty are precluded from eligibility.  For award of
the Army of Occupation Medal with Germany Clasp, qualifying service must
have occurred 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.

24.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in pertinent part, states that unit awards are authorized for
permanent wear by an individual who was assigned and present for duty with
the unit at any time during the period cited or who was attached to and
present for duty with the unit for at least 30 consecutive days of the
period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
based on the fact that he suffered frostbite of his feet and legs during
his unit's advance to Marvic, Bastogne, Belgium in December 1944.  He also
contends that his military service record should be corrected to show a
battle star on his Glider Badge to reflect assault credit for two combat
glider landings.  In addition, he contends that his military service
records should be corrected to show award of the Presidential Unit Citation
with one oak leaf cluster, the French Croix de Guerre, the Netherlands
Orange Lanyard, and the Belgian Fourragere for his service during World War
II.

2.  There is no evidence of records that shows the applicant was awarded
the Purple Heart and the applicant provides insufficient evidence to
support award of the Purple Heart.  There is no substantiating evidence to
verify that the applicant suffered frostbite of his feet and legs in
December 1944, that the condition required treatment by a medical officer
or that the medical treatment was made a matter of official record.
Therefore, the applicant is not entitled to award of the Purple Heart.

3.  Evidence of records shows that the applicant was awarded the Combat
Infantryman Badge for exemplary conduct in action against the enemy during
World War II.  An award of the Combat Infantryman Badge is considered to be
a citation in orders.  Therefore, he is also entitled to award of the
Bronze Star Medal (1st Oak Leaf Cluster) for meritorious achievement.

4.  Evidence of records shows that the applicant participated in a combat
glider assault landing with his unit on 6 and 7 June 1944, at Normandy,
France, and at Nijmegen-Arnhem, Netherlands, on 17 September 1944.  There
is no provision for superimposing a star on the Glider Badge to represent
assault credit.  However, the "arrowhead" device is authorized to be worn
on the appropriate service medal to denote assault credit.  Therefore, the
applicant is entitled to correction of his records to show award of the
"arrowhead" device to be affixed to his European-African-Middle Eastern
Campaign Medal, along with the 4 bronze service stars.

5.  Evidence of records shows that the applicant's unit was cited for award
of the Presidential Unit Citation (known as the Distinguished Unit Citation
until 3 November 1966) for the period 18 to 27 December 1944.  However,
evidence of records fails to show that the applicant was assigned to
Headquarters and Headquarters Company, 101st Airborne Division, when that
unit was cited for award of the Presidential Unit Citation on 6 June 1944.
Therefore, the applicant's military service record accurately reflects this
unit award.

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

7.  General Orders awarded the applicant's unit the Netherlands Orange
Lanyard.  Therefore, it would be appropriate to correct his records to show
this foreign unit award.

8.  General Orders cited the applicant's unit for award of the Belgian
Fourragere, on two occasions; on 6 June 1944, and for the period 22 to 27
December 1944.  Therefore, it would be appropriate to correct his records
to show this foreign unit award.

9.  Evidence of records shows that the applicant's unit received credit for
the occupation of Germany during the period 2 May 1945 to 31 October 1945.
Therefore, he is entitled to correction of his records to show award of the
Army of Occupation Medal with Germany Clasp.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 July 1945, the date of his
discharge.  Therefore, based on the date the Board was established, 2
January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  Although the request
was not submitted within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact that there is
no statute of limitations on requests for award of the Purple Heart.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MKP__  __LDS __  __MJF __  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:

      a.  awarding the applicant the Bronze Star Medal (1st Oak Leaf
Cluster) for meritorious achievement from 6 June 1944 to 5 July 1944;

      b.  correcting his WD AGO Form 53-55 to delete the Bronze Star Medal
and European-African-Middle Eastern Campaign Medal with 4 bronze service
stars; and

      c.  correcting his WD AGO Form 53-55 to add the Bronze Star Medal
with 1 Oak Leaf Cluster, European-African-Middle Eastern Campaign Medal
with "arrowhead" device and 4 bronze service stars; French Croix de Guerre,
Netherlands Orange Lanyard, Belgian Fourragere, and Army of Occupation
Medal with Germany Clasp.

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 Purple Heart and the Presidential Unit Citation with 1 oak
leaf cluster.




                                  ______M. K. Patterson______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002059                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451210                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0014.0000                           |
|3.                      |107.0031.0000                           |
|4.                      |107.0096.0000                           |
|5.                      |107.0097.0000                           |
|6.                      |107.0098.0000                           |


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