RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060014339 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Mr. Gerald J. Purcell

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 the Belgian Fourragere and the Chevalier of the Legion of Honor be added to his records.

2.  The applicant states, in effect, that he was a member of Company B, 405th AAA (Antiaircraft Artillery) Gun Battalion from 14 August 1942 to 20 November 1945.  He was awarded the Belgian Fourragere and the Chevalier of the Legion of Honor Medal by a decree from the French President.  He adds that these awards were given after his initial discharge of World War II.  He believes these awards should be made a permanent part of his retirement record in addition to his other awards and decorations.  

3.  The applicant provides a copy of the history of the 405th AAA Gun Battalion, a copy of a letter from the Ministry of Defense, a copy of a letter from the Ambassador of France, a copy of a speech delivered by the Ambassador of France, and copies of three pictures, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 April 1965, the date of his release from active duty.  The application submitted in this case is dated 3 October 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 record shows he was inducted into the Army of the United States on 14 August 1942 and entered active duty on 28 August 1942.  He was trained as cook (060).  He was assigned to Battery B, 405th AAA Gun Battalion.  He served in the European Theater of Operations (ETO) from 21 October 1943 to 16 November 1945.  He attained the rank of TEC 4 (Technician 4).  He was honorably separated on 20 November 1945. 

4.  Section 21 (Medals, Decorations, and Citations), of the applicant's WD AGO Form 24A (Service Record), shows he was awarded the Belgian Fourragere.  This award was not shown on any of his issued separation documents.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was credited with participation in four campaigns of World War II.  He was awarded the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern (EAME) Campaign Medal, with four bronze service stars, the World War II Victory Medal, and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M1).  His separation document does not show any additional awards.

6.  After a break in service, he reenlisted on 20 July 1946.  He continued to serve through a series of continuous reenlistments.  He was promoted to specialist seven (SP7/E-7) on 1 May 1962.  He was released from active duty on 30 April 1965.  He was placed on the Retired List effective 1 May 1965.

7.  The applicant provided a copy of the history of the 405th AAA Gun Battalion.  The history provided details of the unit's reorganization, redesignation, and elaborated on its combat highlights during World War II.  

8.  The applicant provided a copy of a letter from the Ministry of Defense, Republic of France, dated 11 April 2006.  The letter informed the applicant that he would be presented with the Legion of Honor in recognition of his contributions to France's Liberation during World War II.  The ceremony would take place at the French Embassy on Sunday, 18 June 2006. 

9.  The applicant provided a copy of a letter from the Ambassador of France to the United States, dated 19 May 2006.  The Ambassador informed the applicant that by a decree signed by the President of the French Republic, on 11 May 2006, he was named a "Chevalier of the Legion of Honor."  This award testified to the President's high esteem for his merits and accomplishments.  In particular, it was a sign of France's true unforgettable gratitude and appreciation for his personal, precious contribution to the United States' decisive role in the liberation of their country during World War II.  

10.  The applicant provided copies of three pictures which show that he was awarded, in effect, as he states, the Belgian Fourragere and the Chevalier of the Legion of Honor Medal by a decree from the French Government.


11.  The applicant provided a copy of a speech delivered by the Ambassador of France, on the commemoration of General De Gaulle's address to the French people on 18 June 1940.  In his speech, the Ambassador paid tribute to six veterans of World War II of which the applicant was one.  The Ambassador elaborated on the applicant's accomplishment during World War II and indicated that he was awarded a Belgian Army citation for his heroic participation in the anti-air defense of the port of Antwerp, which led to its reopening.

12.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the applicant's unit, the 405th AAA Gun Battalion, was awarded the Belgian Fourragere for the period 25 October through 28 November 1944 and for 16 December 1944, by Department of the Army General Orders (DAGO) Number 43, dated 1950.  This register does not list the Chevalier of the Legion of Honor as an authorized campaign or foreign unit award.

13.  AR 600-8-22 (Military Awards) provides for award of the Belgian Fourragere. The regulation states that the Belgian Government may award it when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Fourragere is not automatic, but must be by specific decree of the Belgian Government.  The applicant's unit was twice cited in the Order of the Day of the Belgian Army.  The Chevalier of the Legion of Honor is not listed as an authorized award in this regulation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served with a unit at the time it was twice cited in the Order of the Day of the Belgian Army for award of the Belgian Fourragere.  This award was entered on his WD AGO Form 24A; however, it was not transposed to any of his issued separation documents.  He is entitled to this unit award and to have it shown on his DD Form 214.

2.  The evidence provided shows the applicant was awarded the Chevalier of the Legion of Honor, by the French Government; however, it is not listed in DA Pamphlet 672-1 as an authorized campaign or foreign award.  It was also not listed in Army Regulation 600-8-22 as an authorized award.





3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 April 1965, the date he was separated for the purpose of retirement; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 April 1968.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence and argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JEV __  __PM ___  __GP___  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 adding the already-awarded Belgian Fourragere to the applicant's WD AGO Form 53-55.

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 addition of the Chevalier of the Legion of Honor Medal to the applicant's WD AGO Form 53-55, or to his last issued DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 April 1965.




______James E. Vick_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014339
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070424
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19650430
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.