RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 September 2007
DOCKET NUMBER: AR20070007562
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. Dean A. Camarella
Member
Mr. Qawiy A. Sabree
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 correction of his military records to show award of the Belgian Fourragere for his service in World War II.
2. The applicant states, in effect, that he was assigned to the 424th Infantry Regiment during the two periods when the unit was cited in the order of the day for this honor.
3. The applicant provides copies of assignment orders, pay allotment notice, certificate of service in foreign countries, and a promotion letter.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
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 in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. Special Orders Number 133, 106th Infantry Division, dated 5 June 1944, directs assignment of the applicant to the 424th Infantry Regiment.
4. Special Orders Number 99, 424th Infantry Regiment, dated 7 June 1944, further assigned the applicant to Company A, 424th Infantry Regiment.
5. Special Orders Number 10, paragraph 4, 424th Infantry Regiment, dated
18 January 1945, shows the applicant was the finance officer for Company A, 424th Infantry.
6. On 28 February 1945, the applicant processed a discontinuance of allotment. The form shows that at the time he was assigned as a second lieutenant with the 424th Infantry Regiment.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere. This regulation states 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 Belgian Fourragere is not automatic but must be by special decree of the Belgian Government. Persons who were present in only one action are not authorized to wear the Fourragere.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War. This document shows that the 424th Infantry Regiment was cited twice (16-31 December 1944 and 20-29 January 1945) in the Order of the Day of the Belgian Army and awarded the Belgian Fourragere by Department of the Army General Order 43, dated 1950. In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and 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 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. Only when the French Croix de Guerre is awarded to an individual on a by name basis is there a personal decoration which can be worn by the recipient.
DISCUSSION AND CONCLUSIONS:
The evidence provided by the applicant clearly and convincingly shows that he was assigned with the 424th Infantry Regiment during both periods that it was cited in the Order of the Day of the Belgian Army. Therefore, his records should be corrected to show award of the Belgian Fourragere.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_DAC___ __JCR __ ___QAS _ 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 issuance of a certificate to certify that his Military Record and Report of Separation (WD AGO 53-98) is amended to add the Belgian Fourragere.
__Jeffrey C. Redmann____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20070920
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
ARMY | BCMR | CY2013 | 20130004730
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the: * French Croix de Guerre * French Fourragere * Netherlands Orange Lanyard * Belgian Fourragere * Belgian Croix de Guerre (properly known as the Order of the Day of the Belgian Army) 2. The applicant's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120008601
The applicant's military service records are not available to the Board for review. The evidence of record shows: a. the applicant was awarded the Purple Heart and was held as a POW; b. general orders awarded the applicant's unit the: * Presidential Unit Citation * French Croix de Guerre * Belgian Fourragere * Netherlands Orange Lanyard c. the applicant is advised that there is no individual emblem presented to or worn by former Soldiers who were in a unit cited once by the French...
ARMY | BCMR | CY2013 | 20130017320
The applicant provides: * Army Board for Correction of Military Records (ABCMR) Docket Number AR20120016082, dated 30 April 2013 * FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) * Honorable Discharge Certificate * Letter from the Embassy of France * Citation for the French Croix de Guerre with Palm CONSIDERATION OF EVIDENCE: 1. A Citation (Decision Number 273) awarding the 79th Division and subordinate/other units, including the 313th Infantry Regiment, the French Croix...
ARMY | BCMR | CY2013 | 20130021586
The applicant requests his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show he was assigned to the 3rd Battalion, 505th Parachute Infantry Regiment (PIR) and to add the following unit awards: * Netherlands Military Order of William * French Croix de Guerre/Fourragere * Belgian Fourragere 2. The bronze service star is also affixed to the Parachutist Badge to denote participation in a combat parachutist jump, retroactive to 7 December...
ARMY | BCMR | CY2012 | 20120008250
The applicant requests correction of his records to show award of the French Fourragere and all other authorized awards. The applicant's military service records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing orders awarding the applicant the Army Good Conduct Medal (1st Award) for the period 7 December 1942 to 11 October 1945 (Standard Name Line: PFC 327th Glider...
ARMY | BCMR | CY2003 | 2003087140C070212
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. Department of the Army Pamphlet 672-1 also shows the 501st Parachute Infantry Regiment was cited for award of the Netherlands Orange Lanyard for the period 17 September to 28 November 1944; the French Croix de Guerre for the period 6 to 8 June 1944; and the Belgian Fourragere for action on 6 June 1944 based on...
ARMY | BCMR | CY2010 | 20100006979
Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere. This regulation states 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge.
ARMY | BCMR | CY2005 | 20050002059C070206
The applicant requests, in effect, correction of his military records to show award of the Purple Heart, assault credit for two combat glider landings, the Presidential Unit Citation with one oak leaf cluster, and three foreign unit awards; specifically, the French Croix de Guerre, Netherlands Orange Lanyard, and Belgian Fourragere. In addition, he contends that his military service records should be corrected to show award of the Presidential Unit Citation with one oak leaf cluster, the...
ARMY | BCMR | CY2002 | 2002075969C070403
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragerre, the French Croix de Guerre with Palm, the Presidential Unit Citation and the Bronze Star Medal (based on award of the Combat Infantryman Badge). The applicant’s WD AGO Form 53-55 shows the applicant received the Combat Infantryman Badge during World War II. a. by showing the entries, “Belgian Fourragerre”, “Presidential Unit Citation”,...
ARMY | BCMR | CY2004 | 2004103425C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: OCTOBER 21, 2004 DOCKET NUMBER: AR2004103425 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. The Belgian Fourragere, which was awarded to the applicant's unit for the period 22 through 27 December 1944 is already shown on the applicant's WD AGO Form 53-55. As a result, the Board recommends that all...