RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 June 2007
	DOCKET NUMBER:  AR20060015155 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. James Anderholm

Chairperson

Mr. Jerome Pionk

Member

Ms. Jeanette McPherson

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, as the daughter of a deceased former service member (FSM), requests, in effect, that her late father be awarded the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Good Conduct Medal, a marksmanship qualification badge, three unspecified French medals, and the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966).    

2.  The applicant states, in effect, that her late father was killed in action on 
1 February 1945 in France.      

3.  The applicant provides Morning Reports; a photograph of a Soldier; a photograph of the FSM’s grave marker; a letter, dated 7 March 1945, to the applicant’s mother; her birth certificate; a letter, dated 28 November 2006, from a Member of Congress; pension documentation; and two 1945 letters notifying the applicant’s mother of the FSM’s death.  

CONSIDERATION OF EVIDENCE:

1.  The FSM’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 FSM’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.  
 
2.  The FSM entered active duty on 15 March 1944.  He was killed in action on 
1 February 1945 in France.

3.  The applicant provided a letter of condolence, dated 7 March 1945, from the FSM’s Commanding Officer to her mother.  The letter states, in pertinent part, that the FSM was “a splendid soldier and was held in high regard by all members of this command.”

4.  A WD AGO Form 52-1 (War Department Report of Death), dated 19 April 1945, shows the Combat Infantryman Badge was issued to the FSM effective 
1 December 1944 by Headquarters, 112th Infantry General Orders Number 
2, dated 16 February 1945.  This form also states the FSM’s records were corrected to show this badge.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.  

5.  The FSM’s inclusive dates of service in the European Theater of Operations are not available.

6.  There are no orders for the Good Conduct Medal or a marksmanship qualification badge in the available records.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 112th Infantry Regiment did not receive the French Croix de Guerre or the French Fourragere.

8.  Department of the Army Pamphlet 672-1 shows the 112th Infantry Regiment received the Distinguished Unit Citation for actions during the period 
16-24 December 1944 based on War Department General Orders 63-47.

9.  Department of the Army Pamphlet 672-1 also shows the 112th Infantry Regiment ) was cited in the Order of the Day of the Belgian Army for the period 
16-31 December 1944 on Department of the Army General Orders Number 43, dated 1950.    

10.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the Belgian Fourragere to U.S. Army veterans who had served in 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 only once in the Belgian Order of the Day.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 are not authorized an individual device. 

11.  Army Regulation 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.  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.  Army Regulation 600-45, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The regulation also states that the Good Conduct Medal may be awarded for service of less than 1 year if death occurred in line of duty.   

13.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

14.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge, the FSM is entitled to the Bronze Star Medal.

2.  The FSM was killed in action on 1 February 1945 after serving less than 
1 year of service.  His Commanding Officer described him as a “splendid soldier” and stated that he was held in “high regard” by all members of his command.  Therefore, it appears the FSM met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service from 15 March 1944 through 1 February 1945.  

3.  There are no orders for any marksmanship qualification badge in the available records; therefore, there is insufficient evidence on which to base any marksmanship qualification badge in this case.

4.  Department of the Army Pamphlet 672-1 shows the 112th Infantry Regiment did not received the French Croix de Guerre or the French Fourragere.  Therefore, there is insufficient evidence on which to base award of the French Croix de Guerre or the French Fourragere in this case.

5.  Evidence of record shows the FSM received the Combat Infantryman Badge effective 1 December 1944 and the orders for this badge were issued by Headquarters, 112th Infantry Regiment.  Based on the foregoing, it is reasonable to presume that the FSM was assigned to this unit from 1 December 1944 until he was killed in action on 2 February 1945.  Evidence of record also shows that the 112th Infantry Regiment received the Distinguished Unit Citation during this time frame.  Therefore, the FSM is entitled to the Distinguished Unit Citation. 

6.  The FSM’s unit was cited once in the Order of the Day of the Belgian Army.  Although he would not have been authorized to wear a ribbon, fourrragere, medal, or other device based on a one-time citation, an entry would normally have been made on his discharge document.  However, a discharge document is not authorized for individuals killed in action.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

JA_____  JP_____  __JM____  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 FSM the first award of the Good Conduct Medal for the period 15 March 1944 to 1 February 1945; and 

b.  issuing the applicant the Good Conduct Medal, the Bronze Star Medal (based on award of the Combat Infantryman Badge), and the Distinguished Unit Citation; and 

c.  preparing an appropriate certificate showing the FSM was awarded the Good Conduct Medal, the Bronze Star Medal, and the Distinguished Unit Citation and that his unit was cited for the “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 a marksmanship qualification badge, the French Croix de Guerre, and the French Fourragere.  




__James Anderholm_____
          CHAIRPERSON




INDEX

CASE ID
AR20060015155
SUFFIX

RECON

DATE BOARDED
20070626
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.