RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060011704 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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 all authorized awards and decorations.

2.  The applicant states, in effect, that he is entitled to award of the Silver Star, Legion of Merit, Soldier's Medal, Army Commendation Medal, Air Force Commendation, Army of Occupation Medal with "Germany" Clasp, Armed Forces Service Medal, World War II Victory Medal, Combat Infantryman Badge, Combat Action Badge, French Croix de Guerre, Central Intelligence Agency Honor Medal Combat Service Commemorative Medal, World War II D-Day Commemorative Medal, and Overseas Service Commemorative Medal for his combat service in World War II in Germany.  He also states, in effect, he was a rifleman in the invasion of Normandy, participated in many months of combat through France, and requests the Combat Infantryman Badge and French Croix de Guerre based on this combat service.

3.  The applicant provides a self-authored letter, dated 21 July 2006; a copy of his WD AGO Form 53-55 (Army of the United Stated Honorable Discharge), with an effective date of 24 March 1946; DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 6 July 2006; two Headquarters, Army Review Boards Agency, St. Louis, Missouri, memoranda, dated 6 July 2006; Headquarters, Army Review Boards Agency, St. Louis, Missouri, Permanent Orders 187-02, dated 6 July 2006; and a one-page newspaper article titled Woodlander recalls victory in Europe, authored by the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 24 March 1946, the date of his discharge.  The application submitted in this case is dated 3 August 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 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.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

5.  The applicant requests award of the Silver Star, Legion of Merit, Soldier's Medal, and Army Commendation Medal.  However, there are no orders or award certificates on file in his military service records that confirm his entitlement to these awards.  In the absence of authority for these awards, the applicant may request award of the Silver Star, Legion of Merit, Soldier's Medal, and Army Commendation Medal under the provisions of 10 USC 1130.  The applicant has been notified by separate correspondence of the procedures for applying for the awards under 10 USC 1130.  As a result, these awards will not be discussed further in this Record of Proceedings.

6.  Army Regulation 600-8-22 (Military Awards) does not authorize honorary or commemorative awards.  The applicant requests the Central Intelligence Agency Honor Medal, Combat Service Commemorative Medal, World War II D-Day Commemorative Medal, and Overseas Service Commemorative Medal. Commemorative and honorary awards are normally created and offered by private organizations and commercial dealers.  As a result, in the absence of authority for these awards and decorations, they will not be discussed further in this Record of Proceedings.

7.  The applicant's military service records contain a WD AGO Form 53-55 (Army of the United Stated Honorable Discharge), with an effective date of 24 March 1946 and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 6 July 2006.  The WD AGO Form 53-55 shows that the applicant was inducted into the U.S. Army on 14 October 1942 and entered into active service on 28 October 1942.  He was assigned to the 14th Infantry Regiment, 71st Infantry Division, and served in the European Theater of Operations from 27 March 1945 to 7 March 1946.  The applicant was honorably discharged in the grade of sergeant on 24 March 1946.

8.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55, coupled with the DD Form 215, shows that he participated in the Central Europe and Rhineland campaigns.  Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) contains the entry "SS M1 Rifle Dec 44  CIB May 45".  Item 33 (Decorations and Citations), coupled with the DD Form 215, shows that the applicant was awarded the Bronze Star Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, Army of Occupation Medal with Germany Clasp, and World War II Victory Medal.

9.  The applicant provides a copy of his WD AGO Form 53-55, DD Form 215, two Headquarters, Army Review Boards Agency, St. Louis, Missouri, memoranda, dated 6 July 2006; and Headquarters, Army Review Boards Agency, St. Louis, Missouri, Permanent Orders 187-02, dated 6 July 2006.  These documents, in pertinent part, substantiate that the applicant was awarded the following awards: Bronze Star Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.  The applicant's self-authored letter and one-page newspaper article titled Woodlander recalls victory in Europe, authored by the applicant, in pertinent part, summarizes the 71st Infantry Division's 92-day, 1,060 mile sweep across Europe near the end of World War II when it captured more than 80,000 prisoners of war; 88 of which the applicant states he captured himself.

10.  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.

11.  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.

12.  Headquarters, Department of the Army, Washington, District of Columbia, Letter 600-05-01, dated 3 June 2005, subject:  Changes to the Combat Infantryman Badge and the Combat Medical Badge and the Establishment of the Combat Action Badge, states that on 2 May 2005, the Chief of Staff, Army, approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engage, or are engaged by the enemy.  The requirements for award of the Combat Action Badge provide that it may be awarded to any Soldier (Branch and MOS immaterial); the Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; the Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; and the Soldier must not be assigned/ attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists unit campaign participation, U.S. unit awards, and foreign awards received by units serving in World War II.  This document shows that at the time of the applicant's assignment to the
14th Infantry, 71st Infantry Division, the unit was credited with participation in the Central Europe and Rhineland campaigns.  This document also shows that the 14th Infantry Regiment was authorized occupation credit and therefore, entitled to the Army of Occupation Medal for the occupation of Germany from 14 June 1945 to 1 September 1946.

14.  The U.S. Army Center of Military History (CMH), Fort McNair, Washington, DC, is responsible for the appropriate use of history throughout the U.S. Army. Traditionally, this mission meant recording the official history of the Army in both peace and war, while advising the Army Staff on historical matters.  The modern organization of the Army’s historical efforts dates from the creation of the General Staff historical branch in July 1943 and the subsequent gathering of a large team of historians, translators, editors, and cartographers to record the official history of World War II.  In this regard, the CMH website, in pertinent part, provides a history of the Normandy Campaign, from 6 June 1944 to 24 July 1994, and lists
11 Army divisions that participated in the campaign.  The 71st Infantry Division is not listed or credited with participation in the Normandy Campaign.

15.  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.

16.  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.  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.

18.  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.

19.  Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units, in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of the following criteria: be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility; or participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.   

20.  The U.S. Air Force, Air Force Personnel Center, Randolph Air Force Base, Texas, website offers, in pertinent part, information concerning Air Force awards. The official website states that the Air Force Commendation Medal was authorized by the Secretary of the Air Force on March 1958 for award to members of the Armed Forces of the United States who, while serving in any capacity with the Air Force after 24 March 1958, shall have distinguished themselves by meritorious achievement and service.  The degree of merit must be distinctive, though it need not be unique.  Acts of courage which do not involve the voluntary risk of life required for the Soldier's Medal (or the Airman's Medal now authorized for the Air Force) may be considered for the Air Force Commendation Medal.

21.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States (CONUS) for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For World War II service, one Overseas Service Bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service outside CONUS from 7 December 1941 to 2 September 1946.  For credit toward the Overseas Service Bar, service is computed between dates of departure from, and arrival at, a port in the United States or the boundary of CONUS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Combat Infantryman Badge, Army of Occupation Medal with "Germany" Clasp, World War II Victory Medal, French Croix de Guerre, Combat Action Badge, Armed Forces Service Medal, and Air Force Commendation for his service during World War II.

2.  The evidence of record shows that while the applicant's application was pending processing by the ABCMR, the Army Review Boards Agency, St. Louis, Missouri, effected administrative corrections to the applicant's military service records based on his request for awards.  In effect, based on the fact that the applicant had been awarded the Combat Infantryman Badge (see applicant's
WD AGO Form 53-55, Item 31), the applicant was awarded the Bronze Star Medal for meritorious service in ground combat.  In addition, the applicant's records were corrected to show his participation in two campaigns (i.e., the Central Europe and Rhineland campaigns), award of the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, and Army of Occupation Medal with Germany Clasp.  Therefore, no additional action is required by this Board to correct the applicant's record to show award of the Combat Infantryman Badge, European-African-Middle Eastern Campaign Medal with 2 bronze service stars (i.e., representing participation in 2 campaigns), and Army of Occupation Medal with Germany Clasp.

3.  The evidence of record shows that the applicant's WD AGO 53-55, Item 33, accurately reflects award of the World War II Victory Medal.  Therefore, no corrective action is required by this Board concerning award of the World War II Victory Medal.

4.  There is no evidence of record, and the applicant fails to provide sufficient evidence, that shows he participated in the Normandy Campaign (i.e., invasion of Normandy) from 6 June 1944 to 24 July 1944.  There is also no evidence of record to show that the 14th Infantry, 71st Infantry Division, was cited for award of the French Croix de Guerre.  Therefore, the applicant is not entitled to correction of his records to show participation in the Normandy Campaign or award of the French Croix de Guerre.

5.  The evidence of record shows that the Combat Action Badge was established on 2 May 2005 by the Chief of Staff, Army, to provide special recognition to Soldiers who personally engage, or are engaged by the enemy.  There is no evidence of record that shows the applicant served in the U.S. Army on or after
2 May 2005.  Therefore, he is not entitled to correction of his records to show this combat badge.

6.  The evidence of record shows that the Armed Forces Service Medal was established for award to members of the Armed Forces of the United States on or after 1 June 1992, who participate in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  There is no evidence of record that shows the applicant served in the U.S. Army on or after 1 June 1992.  Therefore, he is not entitled to correction of his records to show this service medal.

7.  The evidence of record shows that the Air Force Commendation Medal was authorized by the Secretary of the Air Force for award to members of the Armed Forces of the United States who, while serving in any capacity with the Air Force after 24 March 1958, distinguished themselves by meritorious achievement and service.  As this is a U.S. Air Force award, if the applicant believes he is entitled to award of the Air Force Commendation Medal, he should submit his request to Headquarters, U.S. Air Force, Air Force Personnel Center, Randolph Air Force Base, Texas  78150.  In view of the foregoing, the applicant is not entitled to correction of his U.S. Army service records to show this award.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 March 1946; the date of his discharge.  The ABCMR was not established until 2 January 1947.  Therefore, 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 failure to timely file in this case.

9.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MKP _  ___LWR_  ___REB _  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of 2 Overseas Service Bars.




____Margaret K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011704
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/15
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460324
DISCHARGE AUTHORITY
AR 615-365, RR 1-1 (Demobilization)
DISCHARGE REASON
Convenience of the government
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0111.0000
2.
107.0096.0000
3.

4.

5.

6.