RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000762


      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                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 his uncle, a deceased former
service member (FSM), be awarded the Bronze Star Medal for his service in
World War II.

2.  The applicant states, in effect, that his uncle never received the
Bronze Star Medal while he served with the 505th Parachute Infantry
Regiment, 82nd Airborne Division.

3.  In support of his request, the applicant submitted a copy of the FSM's
WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable
Discharge; a copy of his uncle's WD AGO Form 221, Report of Induction of
Selective Service Man; a copy of a Western Union telegram informing the
applicant's father, the FSM's brother, that he had been wounded in action
in Belgium; a copy of a Certificate of Merit awarded the FSM by Major
General Gavin, the Commander, 82nd Airborne Division; and a Certificate of
Death issued to the applicant pertinent to the FSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 20 November 1945, the date his uncle, the FSM,
was discharged from the Army.  The application submitted in this case is
dated 7 January 2006.

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 FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from the FSM's reconstructed personnel records, the FSM's enlisted record
and report of separation, and from other official Army documents.
4.  The FSM was inducted on 17 February 1942 and entered service at New
Cumberland, Pennsylvania, on the same date.  He was honorably discharged,
under the provisions of Army Regulation (AR) 615-365, for the convenience
of the Government, at demobilization, in the grade of Technician Fourth
Grade, on 20 November 1945.

5.  The FSM's WD AGO Form 53-55 shows, in Item 33 (Decorations and
Citations), he was awarded the Purple Heart; the European-African-Middle
Eastern Campaign Medal, with five bronze service stars; the American
Campaign Medal; the Good Conduct Medal; the World War II Victory Medal;
and the Distinguished Unit Citation [now known as the Presidential Unit
Citation].  The Bronze Star Medal is not shown among his authorized
awards.

6.  Item 30 (Military Occupational Specialty and No.), of the FSM's WD AGO
Form 53-55, shows he held the military occupational specialty (MOS), 776
(Radio Operator), while he served on active duty.

7.  Item 55 (Remarks), of the FSM's WD AGO Form 53-55, shows he was issued
the Lapel Button [correctly known as the Honorable Service/Discharge
Emblem].

8.  Item 36 (Service Outside Continental U.S. and Return), of the FSM's WD
AGO Form 53-55, shows he departed the United States on 29 April 1943 and
arrived in the European Theater of Operations (ETO) on 30 May 1943.  The
FSM departed the ETO on 4 November 1945 and arrived in the United States
on 15 November 1945.

9.  The applicant submitted a copy of the Certificate of Merit the
Commander, 82nd Airborne Division, awarded the FSM, in recognition of his
conspicuously meritorious and outstanding performance of military duty,
from 6 June 1944 to 26 September 1944, in France and Holland.

10.  The narrative citation of the Certificate of Merit states, "During
the two airborne operations on the continent, Technician Fourth Grade
[the FSM], Radio Section, Headquarters Company, 2nd Battalion, 505th
Parachute Infantry, performed outstandingly to further the successful
conclusion of all battalion missions.  In the Holland operation, he
jumped with a forty pound radio on his body and was functioning in the
battalion network within five minutes after dropping."

11.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, shows that the FSM's unit, Headquarters
Company,
2nd Battalion, 505th Parachute Infantry, 82nd Airborne Division, was
awarded credit for an assault landing on Nijmegen, Arnhem, on 17 September
1944, by War Department General Orders (WD GO) Number 70, dated 1945, and
for an assault landing on Normandy, on 6-7 June 1944, by WD GO Number 116,
dated 1946.  The resultant bronze arrowhead devices to denote assault-
landing credit are not shown on the FSM's WD AGO Form 53-55.

12.  DA Pamphlet 672-1 also shows the FSM's unit was awarded:  the French
Croix de Guerre, for the period 6-8 June 1944, by Department of the Army
General Orders (DAGO) Number 43, dated 1950; the Netherlands Orange
Lanyard, for the period 17 September through 28 November 1944, by DAGO
Number 43, dated 1950; and the Belgian Fourragere, for the period 22
through 27 December 1944 and for action on 6 June 1944, by DAGO Number 43,
dated 1950.  These foreign unit awards are not shown on the FSM's WD AGO
Form 53-55.

13.  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.  The FSM was present with
his unit during both periods it was cited in the Order of the Day of the
Belgian Army.

14.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center
[now the US Army Human Resources Command] published the policy regarding
award 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.

15.  DA Pamphlet 672-1 also shows the FSM's unit was awarded credit for the
occupation of Germany for the period, 1 April through 1 August 1945.  He is
entitled to award of the Army of Occupation Medal, with Germany Clasp.
This award is not shown on the FSM's WD AGO Form 53-55.

16.  AR 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.

17.  AR 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.

18.  AR 600-8-22 provides, in pertinent part, for the bronze 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 is authorized for wear on the Asiatic-Pacific Campaign Medal, the
European-African-Middle Eastern Campaign Medal, the Korean Service Medal,
the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.  The
regulation specifies that only one arrowhead will be worn on any medal.

19.  AR 670-1, paragraph 28-28 d. (1) and e. (1) through (6) governed the
requirements for the overseas service bar.  In pertinent part, it
provided that one overseas service bar is authorized for each 6-month
period of active Federal service as a member of the U.S. Service outside
of the continental United States from 7 December 1941 until 2 September
1946, both dates inclusive.  Service is computed between the date of
departure and the day of return from and arrival to a port in the United
States or the boundary of the Continental United States.  The day of
departure and the day of return are included.  The expression, "each 6-
month
period of Federal service" is interpreted to authorize the wear of an
overseas service bar for overseas service of various lengths, performed
either continuously or at intervals, when the total service equaled or
exceeded 6 months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the division commander, a major general, awarded the
FSM a Certificate of Merit, in recognition of his conspicuously meritorious
and outstanding performance of military duty, for the period 6 June 1944 to
26 September 1944 while he served in World War II.

2.  The Army awards regulation provides that the Bronze Star Medal is
awarded for heroism, meritorious achievement, or meritorious 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.

3.  Based on the evidence provided and based on the special provisions of
the Army's awards regulation, the FSM is entitled to award of the Bronze
Star Medal and to have it added to his WD AGO Form 53-55.

4.  The FSM was awarded the European-African-Middle Eastern Campaign Medal.
 His unit was given credit for assault landings on Nijmegen, Arnhem, and
Normandy.  He was assigned to the unit at the time of these assault
landings as evidenced by the citation in the Certificate of Merit awarded
him.  He is therefore entitled to award of two bronze arrowhead devices to
denote his assault landing credit; however, by regulation, only one bronze
arrowhead device may be affixed to his already-awarded European-African-
Middle Eastern Campaign Medal, with five bronze service stars, and to have
the bronze arrowhead device shown on his WD AGO Form 53-55.

5.  The FSM's unit was awarded the Netherlands Orange Lanyard at the time
he was a member of the unit.  This foreign unit award is not shown on the
FSM's WD AGO Form 53-55.  He is entitled to this unit award and to have it
added to his WD AGO Form 53-55.

6.  The FSM was present when his unit was cited twice in the Order of the
Day of the Belgian Army and as a result awarded the Belgian Fourragere.
Therefore, the FSM is entitled to correction of his WD AGO Form 53-55 to
show this foreign award.

7.  The FSM's unit received the French Croix de Guerre while he was a
member of the unit.  Therefore, he is entitled to correction of his WD AGO
Form 53-55 to show this foreign unit award.

8.  The evidence shows the FSM was assigned to a unit at the time it was
awarded credit for the occupation of Germany.  He is therefore entitled to
award of the Army of Occupation Medal, with Germany Clasp, and to have it
added to his WD AGO Form 53-55.

9.  The evidence shows the FSM served 32 months in an overseas area,
including the month of his departure from the United States and the month
of his arrival back in the United States.  He is therefore entitled to
award of five overseas service bars and to have these bars added to his WD
AGO Form 53-55.

BOARD VOTE:

_SLP ___  __RML___  _JGH____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  deleting the European-African-Middle Eastern Campaign Medal, with
five bronze service stars, from the FSM's WD AGO Form 53-55;

      b.  awarding the FSM the European-African-Middle Eastern Campaign
Medal, with five bronze service stars, and with two bronze arrowhead
devices [the European-African-Middle Eastern Campaign Medal will be worn
with the five authorized bronze service stars and one bronze arrowhead
device, in accordance with established regulation which prohibits more
than one bronze arrowhead device to be worn on the corresponding ribbon],
and adding this award to his WD AGO Form 53-55;

      c.  awarding the FSM the Bronze Star Medal based on his having been
awarded a Certificate of Merit, in recognition of his conspicuously
meritorious and outstanding performance of military duty, during World War
II, and adding this award to his WD AGO Form 53-55;

      d.  awarding the FSM the Army of Occupation Medal, with Germany
Clasp, for his participation in the occupation of Germany, and adding this
award to his WD AGO Form 53-55;

      e.  awarding the FSM the Belgian Fourragere and the Netherlands
Orange Lanyard and adding these foreign unit awards to his WD AGO Form 53-
55;

      f.  awarding the FSM the French Croix de Guerre and adding this
foreign unit award to the FSM's WD AGO Form 53-55, as follows:  "French
Croix de Guerre - Unit Citation - No Emblem Authorized”; and

      g.  awarding the FSM five overseas service bars and adding these bars
to his WD AGO Form 53-55.




                                  ______Shirley L. Powell_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060000762                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|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.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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