RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060010893 


	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

Ms. Anita McKim-Spilker

Analyst

The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. John T. Meixell

Member

Mr. Qawiy A. Sabree

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:

a.  award of the Presidential Unit Citation; and

	b.  correction to his WD AGO 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his weapons and driver qualification badges. 

2.  The applicant states, in effect, that his discharge document omitted some of his awards and decorations. 

3.  The applicant provides a copy of his individual training record and motor vehicle operators permit.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 December 1945, the date of his separation from the Army.  The application submitted in this case is dated 22 July 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 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.  The applicant’s military records are not available 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 to conduct a fair and impartial review of this case.  

4.  The applicant's record contains a properly constituted WD AGO Form 53-55.  This form shows he was inducted into the Army of the United States on
21 July 1943 and served in military occupational specialty 2736 (Medium Tank Crewman).  

5.  This form also shows that he was assigned to Company A, 735th Tank Battalion, 26th Infantry Division while he served in the European Theater of Operations during the period 14 April 1944 through 28 November 1945.

6.  Item 33 (Decorations and Citation) of the applicant's WD AGO 53-55 shows he was awarded the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with 5 bronze service stars, the Victory Ribbon (now called the World War II Victory Medal).

7.  Item 31 (Military Qualification and Date [i.e., infantry, aviator & marksmanship]) of the applicants WD AGO 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit citations, foreign awards and occupation credit that units received during World War II.  This document shows a unit to which the applicant was assigned (735th Tank Battalion) was cited for award of the Distinguished Unit Citation for the period 12-13 November 1944, by Department of the Army General Orders Number 68, dated 1945.

9.  Department of the Army Pamphlet 672-1 does not show unit credit for the Presidential Unit Citation.  After 3 November 1966, the Distinguished Unit Citation was renamed the Presidential Unit Citation. 

10.  Department of the Army Pamphlet 672-1 shows the 735th Tank Battalion received occupation credit in Germany. 

11.  Department of the Army Pamphlet 672-1 shows the 735th Tank Battalion was awarded the French Croix de Guerre based on Department of the Army General Orders Number 43-50 for the period 12-14 November 1944. 

12.  Department of the Army Pamphlet 672-1 shows the 735th Tank Battalion was awarded the Citation in the Order of the Day of the Belgian Army based on Department of the Army General Orders Number 43-50 for the period
20 December 1944 – 26 January 1945.  

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards) 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.

16.  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 Citation in the Order of the Day of the Belgian Army 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.  

17.  The applicant submitted a copy of his motor vehicle operator's permit, dated 11 November 1943, which authenticated his proficiency in driving the tank, medium.  The applicant also provided a copy of his individual training record which shows instruction in different weapons and training in organizational and 
general subjects.  There is no evidence in the available record to show the applicant was awarded additional qualification badges (other than for the rifle as noted above.)

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant's unit the Distinguished Unit Citation for the period 12-13 November 1944.  Therefore, he is entitled to have his records corrected to shows this unit award.

2.  General Orders show that while assigned to the 735th Tank Battalion the unit was awarded the French Croix de Guerre and the Citation in the Order of the Day of the Belgian Army.  Therefore, he is entitled to have his records corrected to show these foreign unit awards.

3.  Department of the Army Pamphlet 672-1 lists the applicant's unit as receiving occupation credit for Germany.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.

4.  There is no evidence to show the applicant's unit was awarded the Presidential Unit Citation.  Therefore, he is not entitled to have this correction made to his record.

5.  The applicant' WD AGO 53-55 shows that he received the Marksman Marksmanship Qualification Badge with Rifle Bar.  The applicant's individual training record is insufficient upon which to award driver or additional weapons qualification badges. Therefore, there is no correction that can be made to his separation document based on the evidence submitted by the applicant.  

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 December 1945, the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse the failure to timely file.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__mdm___  __jtm___  __qas___  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.  showing award of the Distinguished Unit Citation in Item 13 of the applicant's WD AGO 53-55;
	
	b.  showing award of the Army of Occupation Medal with Germany Clasp in Item 13 of the applicant's WD AGO 53-55; and

	c. showing the following in Item 55 (Remarks) of the applicant's WD AGO 53-55:

“FRENCH CROIX DE GUERRE--UNIT CITATION – NO EMBLEM AUTHORIZED”

“BELGIAN CITATION IN THE ORDER OF THE DAY--UNIT CITATION - NO EMBLEM AUTHORIZED”
	
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 Presidential Unit Citation and additional qualification badges.



						Mark D. Manning
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20060010893
SUFFIX

RECON

DATE BOARDED
20070222
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0060
2.
107.0096
3.
107.0097
4.
107.0031
5.

6.