RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   9 September 2007	
	DOCKET NUMBER:  AR20070004297 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Frank Jones

Member

Ms. Carmen Duncan

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 unit commendation medal he is authorized for service as a member of the 79th Infantry Division, during World War II. 

2.  The applicant states there is no record of 79th Infantry Division unit awards on his discharge document.

3.  The applicant provides a copy of his separation document, his honorable discharge certificate and a copy of an undated newspaper clipping from an unknown source reporting an accomplishment of the 79th Infantry Division.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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 are sufficient documents for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

3.  The available records show the applicant entered active federal service on 9 March 1943 and was discharged on 30 December 1945 with an honorable characterization of service.  He was a light-wheeled truck driver in the Quartermaster Corps.  The highest rank he attained while on active duty was corporal/pay grade E4.   

4.  A record of the units to which the applicant was assigned and the dates of his assignment were not available for the Board to review; however, the applicant's WD AGO Form 53-55 shows his last unit of assignment as "79th QM Co 79th Div".  Item 32 (Battles and Campaigns) lists the Central Europe, Normandy, Northern France and the Rhineland Campaigns. 

5.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 shows he was awarded 4 bronze service stars for the European-African-Middle Eastern Theater of Operations Medal.  He also was awarded the Good Conduct Medal, the American Theater of Operations Medal and the World War II Victory Medal.  Item 33 does not show unit or foreign unit awards.

6.  Item 36 (Service Outside Continental U. S. and Return) of the applicant's WD AGO Form 53-55 shows the date of departure to the European Theater of Operations (ETO) as 7 April 1944 and date of arrival in ETO as 18 April 1944. The second entry, the date of departure from ETO to United States of America (USA) is 13 December 1945 and date of arrival in the US is 25 December 1945.  

7.  The applicant's records show that he is entitled to additional awards, which he did not request and they are not listed on his WD AGO Form 53-55.

8.  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, 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.  Department of the Army Pamphlet 672-1, dated 6 July 1961, shows that 79th Quartermaster Company, 79th Infantry Division, received occupation credit for the period 2 May 1945 to 31 October 1945.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows among other information, campaign credit during World War II.  This document shows the unit to which the applicant was assigned during World War II received campaign credit for five campaigns.  The campaign credits are for Ardennes-Alsace (6 June 1944-24 July 1944), Normandy (6 June-24 July 1944), Northern France (25 July-14 September 1944), Rhineland Campaign (15 September 1944-21 March 1945), and Central Europe Campaign (22 March 1945-11 May 1945). 

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961.  The regulation further states that authorized bronze service stars will be worn on the appropriate service medal. 

11.  Army Regulation 600-8-22 (Military Awards) 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.  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.  Department of the Army Pamphlet 672-1, dated 6 July 1961, shows the 79th Quartermaster Company, 79th Infantry Division, was cited twice by the French Government for actions during the period 19 June to 27 August 1944 and for actions during the period 21 to 24 November 1944.  The unit was awarded the French Fourragere based on Department of the Army General Order 43, dated 1950.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends that he is entitled to award of a commendation medal as a member of the 79th Infantry Division during his service in World War II. 

2.  The applicant was assigned to the 79th Quartermaster Company, 79th Infantry Division, when it was awarded occupation credit for Germany.  Therefore, he is entitled to correction of his records to show award of the Army of Occupation Medal with Germany Clasp.  

3.  The applicant was a member of the 79th Quartermaster Company, 79th Infantry Division, when it was cited twice by the French Government and awarded the French Fourragere.  Department of the Army general orders announced award of the French Fourragere to the 79th Quartermaster Company; therefore, he is entitled to correction of his records to show award of the French Fourragere.  

4.  The applicant participated in five campaigns during World War II; therefore, he is entitled to correction of his records to show award five bronze service stars to be affixed to his European-African-Middle Eastern Theater of Operations Medal.

BOARD VOTE:

__LS____  ___FJ___  __CD  __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the individual concerned was awarded the French Fourragere, the Army of Occupation Medal with Germany Clasp, and five bronze service stars to be affixed to his European-African-Middle Eastern Theater of Operations Medal.  Also, Item 32 of his WD AGO Form 53-55 should be corrected to add the Ardennes-Alsace campaign.





_____Linda Simmons________
          CHAIRPERSON




INDEX

CASE ID
AR20070004297
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070906
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.