RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20070000188


      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. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 award of the Belgian Fourragere and the Army
Reserve Medal.

2.  The applicant states, in effect, he is entitled to award of the Belgian
Fourragere and the Army Reserve Medal (correctly known as the Armed Forces
Reserve Medal).

3.  The applicant provides a copy of his WD AGO Form 53-98 (Military Record
and report of Separation Certificate of Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 14 July 1946.  The application submitted in this case is dated
31 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 military records are not available to the ABCMR 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.

4.  The applicant's available records show that he was inducted into the
Army of the United State on 17 February 1943 to attend Officer Candidate
School and advanced individual training.  He was awarded military
occupational specialty (MOS) 1172 (AAA Gun Unit Commander) and entered
active duty in the Officer Reserve Corp on 29 July 1943.  The highest grade
he held was Captain (CPT).

5.  Item 32 (Remarks) of the applicant’s WG AGO 53-98, shows that he served
in the European Theater of Operation (ETO) with the 467th Anti Aircraft
Artillery Automatic Weapons Battalion from 31 March 1944 through 2 April
1946, performing duties in MOS 1172, Unit Commander.
6.  On 14 July 1946, the applicant was honorably released from active duty
after completing a total of 2 years, 11 months, and 15 days of active
military service.  The WD AGO From 53-98 he was issued shows that he earned
the European-African-Middle Eastern Campaign Medal with 4 bronze service
stars, the American Theater Medal, the World War II Victory Medal, and the
American Defense Service Medal during his active duty tenure.

8.  The War Department, Adjutant General’s Office, Washington, DC,
memorandum dated 2 January 1947, shows that the 601st Anti -Aircraft
Artillery Battalion, Antwerp X, Anti -Aircraft Command, was awarded the
Belgian Fourragere per Belgian Decree Number 2059, dated 17 June 1946 and
that records show he served with that unit.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides
for award of the Belgian Fourragere.  It is awarded by the Belgian
government when a unit has been cited twice in the Order of the Day of the
Belgian Amy.  The award of the Fourragere is not automatic but must be made
by specific decree of the Belgian Army.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the foreign unit awards received by
units serving in the European Theater of Operations.  This document does
not show that the 467th Anti-Aircraft Artillery Automatic Weapons Battalion
received that Belgian Fourragere.

11.  Item 4 of the DA Form 1383, (Annual or Terminal Statement of
Retirement Points) shows that earned 61 points for reserve duty between 1
July 1952 and
30 June 1953.

12.  The applicant’s Honorable Discharge Certificate shows he was
discharged from the United States Army Reserve (USAR) on 25 April 1955.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
provides for award of the Armed Forces Reserve Medal.  The Armed Forces
Reserve Medal was established by Executive Order 10163, as announced in
Department of the Army Bulletin 15, 1950.  Each year of active or inactive
status honorable prior service prior to 1 July 1949 in any Reserve
Component list in Army Regulation 135-189, will be credited toward the
award.  It is awarded for honorable and satisfactory service as a member of
one or more of the Reserve Components of the Armed Forces of the United
States for a period of 10 years.  The conditions for award of the Armed
Forces Reserve Medal include requirements for such service to be completed
within 12 consecutive years and service in a regular component of the Armed
Forces, tenure in elected state office, tenure as a member of a legislative
body of the United States or a state, and service as a judge of a court of
record of the United States, a state or territory or District of Columbia
is excluded from credit to ward this award but does not constitute a break
in service.

14.   A  review  of  the  applicant’s  records  indicates   entitlement   to
additional awards and decorations that are not shown on his DD Form 214.

15.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Belgian
Fourragere and the Armed Forces Reserve Medal.

2.  There are no specific decrees of the Belgian Army that show the
applicant’s  unit was awarded the Belgian Fourragere.  There is no evidence
in his available service personnel records which show that the applicant
was assigned to the 601st Anti -Aircraft Artillery Battalion, Antwerp X,
Anti -Aircraft Command.  In the absence of such evidence, there is
insufficient basis to grant award of the Belgian Fourragere.
3.  There is no evidence that shows the applicant served as a member of one
or more of the Reserve Components of the Armed Forces of the United States
for a period of 10 years.  Therefore, he is not entitled to have his
records to show award of the Armed Forces Reserve Medal.

4.  Record shows the applicant served a qualifying period of service for
award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is
entitled to correction of his records to show this award.

5.  Records show the applicant served an aggregate period of one year in
the continental United States during the period from 17 February 1943
through
14 July 1946 qualifying for award of the American Campaign Medal.
Therefore, he is entitled to correction of his records to show this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 July 1946, the date of his
separation from active duty.  However, 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 statue 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.

7.  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

___LDS _  ___JRS__  __CAD__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the
majority of the Board determined that the evidence presented was sufficient
to warrant a recommendation for partial relief.  The applicant provides as
evidence a letter from The Adjutant General of the War Department, dated 2
June 1947 explicitly stating that he is authorized to wear the award as a
permanent part of his uniform because the unit with which he served was
awarded the Belgian Fourragere during the time he served in it.  There is
no document in the record that indicates otherwise.

2.  Additionally, under the consideration of evidence, Item 5 indicates
that the separation document, the WD AGO Form 53-98 shows that he served in
the 467th AAA (AW) Battalion from 21 March 1944 to 2 April 1946.  This is
not necessarily the case.  The document actually shows that he was in the
467th at the time of his separation in 1946 and that he was in service
overseas (no indication of unit of assignment) between 21 March 1944 and 2
April 1946.

3.  The Board further recommends that all Department of the Army records of
the individual concerned be corrected by showing award of the American
Campaign Medal and the Army of Occupation Medal with Germany Clasp.

4.  The Board also 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 Armed Forces Reserve Medal.




                            ____Linda D. Simmons _____
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/06/05                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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