RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2007
      DOCKET NUMBER:  AR20060017037


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 records of her deceased
father, a former service member (FSM), be corrected to reflect the
following awards to which he was entitled:  Army of Occupation Medal (AOM)
with Germany Clasp;
3 bronze service stars reflecting his World War II campaign participation;
an appropriate Belgium unit award for his unit's citation in the Order of
the Day of the Belgium Army; American Campaign Medal; and France Clasp for
World War II Victory Medal.

2.  The applicant states, in effect, that she would like her father's
separation document (WD AGO Form 53-55) corrected to reflect the awards in
question and to obtain these awards to which her father was entitled based
on his World War II service.

3.  The applicant provides the following documents in support of the
application:  WD AGO Form 53-55; Self-Authored Letter; Honorable Discharge;
FSM Death Certificate; her Birth Certificate; and Department of the Army
(DA) Pamphlet
672-1 Extract.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 June 1946, the date of the FSM's separation.  The
application submitted in this case is dated 27 November 2006.

2.  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 (NPRC) 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.  This case is being
considered using reconstructed records, which primarily consist of the
FSM's WD AGO Form
53-55, documents submitted by the applicant, and other documents remaining
in the NPRC file.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army and
entered active duty on 27 July 1944.  Item 3 (Grade) shows he held the rank
of staff sergeant (SSG) and Item 38 (Highest Grade Held) shows this is the
highest rank he held while serving on active duty.  Item 30 (Military
Occupational


Specialty and No) shows he held military occupational specialty (MOS)
422 (Podiatrist) and Item 31 (Military Qualifications) shows he qualified
as a sharpshooter with the M-1 rifle on 1 September 1944.

4.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he
participated in the Ardennes, Central Europe, and Rhineland campaigns of
World War II.  Item 33 (Decorations and Citations) shows he earned the
European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal,
and the World War II Victory Medal during his active duty tenure.

5.  Item 36 (Service Outside Continental United States and Return) shows he
departed the United States for the European Theater of Operations (ETO) on
1 January 1945 and departed the ETO for the United States on 15 June 1946.


6.  The FSM's WD AGO Form 53-55 confirms he was honorably separated on
28 June 1946.  Item 37 (Total Length of Service) shows the applicant
completed 5 months and 9 days of service in the Continental United States
and 1 year,
5 months, and 23 days of overseas service.  The FSM authenticated the
separation document with his signature in Item 56 (Signature of Person
Being Separated) on the date of his separation.

7.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the FSM's unit (104th Infantry Regiment)
was credited with participating in the Ardennes-Alsace, Central Europe, and
Rhineland campaigns. It also shows the unit received occupation credit for
Germany and was cited in the Order of the Day of the Belgium Army.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 5-11 contains
guidance on the AOM.  It states, in pertinent part, that the AOM is
authorized to Soldiers who served in the ETO during the occupation of
Europe, who will wear the clasp inscribed "Germany."  Clasps bearing other
inscriptions are not authorized.

9.  Paragraph 5-13 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member was credited with participating in while serving in the
ETO during World War II.

10.  Paragraph 5-15 contains guidance on award of the American Campaign
Medal.  It states, in pertinent part, that it was awarded service within
the American Theater for an aggregate period of 1 year between 7 December
1941 and 2 March 1946.

11.  Paragraph 5-12 of the awards regulation contains guidance on the World
War II Victory Medal.  It states, in pertinent part, that it is awarded for
service between 7 December 1941 and 31 December 1946, both dates inclusive.
 The regulation provides no provisions for the wear of a clasp with this
award.

12.  Section IV of Chapter 8 of the awards regulation contains guidance on
United States Army Basic Marksmanship Qualification Badges.  It states, in
pertinent part, that a basic marksmanship qualification badge is awarded to
indicate the degree in which an individual, military or civilian, has
qualified in a prescribed record course and an appropriate bar is furnished
to denote each weapon with which he or she qualified.  Each bar will be
attached to the basic badge that indicates the qualification last attained
with the respective weapon. Basic qualification badges are of three
classes: Expert, Sharpshooter, and Marksman.

13.  Chapter 9 of the awards regulation contains guidance on Foreign and
International Decorations and Awards to United States Army Personnel.
Paragraph 9-4 contains guidance on foreign unit decorations.  It states, in
pertinent part, that the only emblems so far authorized for wear on the
uniform to indicate a foreign decoration received by a unit are the French
and Belgian Fourrageres, the Netherlands Orange Lanyard, the Philippine
Republic Presidential Unit Citation Badge, the Republic of Korea
Presidential Unit Citation Badge, the Vietnam Presidential Unit Citation
Badge, the Republic of Vietnam Gallantry Cross Unit Citation Badge, and the
Republic of Vietnam Civil Actions Medal Unit Citation Badges.  Only the
French Fourragere and the Republic of Korea Presidential Unit Citation are
authorized for temporary wear.

14.  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.  Paragraph 9-18 of the awards regulation contains guidance on the
Belgian Fourragere.  It states, in pertinent part, 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 Fourragere is not automatic
but must be by specific decree of the Belgian Government.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's separation document should be
corrected to show his entitlement to the Army of Occupation Medal (AOM)
with Germany Clasp; 3 bronze service stars reflecting his World War II
campaign participation; an appropriate Belgium unit award for his unit's
citation in the Order of the Day of the Belgium Army; American Campaign
Medal; and the France Clasp for World War II Victory Medal was carefully
considered and found to have partial merit.

2.  The evidence confirms that during the FSM's tenure of assignment with
the 104th Infantry Regiment in the ETO, his unit was credited with
participating in
3 campaigns and received occupation credit for Germany.  Therefore, it
would be appropriate to show the FSM's entitlement to the AOM with Germany
Clasp and 3 bronze service stars with his European-African-Middle Eastern
Campaign Medal.

3.  The evidence further shows the FSM qualified as a sharpshooter with the
M-1 rifle on 1 September 1944.  Thus, it would also be appropriate to show
his entitlement to the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.

4.  By regulation, there is no Belgium unit award, decoration or medal
authorized for wear by individuals based on the unit being once cited in
the Order of the Day of the Belgium Army.

5.  The Belgian Fourragere may be awarded by the Belgian Government when a
unit has been twice cited 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.  Absent any indication that the FSM's unit was
twice cited in the Order of the Day of the Belgium Army or that the Belgium
Government awarded the Fourragere to the FSM's unit in the ETO during his
tenure of assignment, there is an insufficient evidentiary basis to support
granting this portion of the requested relief.

6.  The applicant's request that a France Clasp be added to the FSM's World
War II Victory Medal was also carefully considered.  However, although a
country clasp was worn with the Army of Occupation Medal, no Clasps are
authorized for wear with the World War II Vicotry Medal.  As a result,
there is an insufficient evidentiary basis to support granting this portion
of the requested relief.

7.  The evidence also shows that the FSM completed an aggregate of only
5 months and 9 days of service in the Continental United States (American
Theater).  Therefore, he was not entitled to receive the American Campaign
Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CG __  __RWS__  __KSJ  _  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 showing the FSM's
entitlement to the Army of Occupation Medal with Germany Clasp, 3 bronze
service stars with his European-African-Middle Eastern Campaign Medal, and
the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and by
providing him a correction to his separation document that includes these
changes.

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
a Belgium Unit Award, France Clasp with World War II Victory Medal, and
American Campaign Medal.




                            _____Curtis Greenway____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060017037                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/06/28                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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