RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070009944 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons 

Chairperson

Ms. Eloise Prendergast

Member

Mr. James R. Hastie

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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Bronze Star Medal and the Belgian Croix De Guerre Medal (correctly known as the Belgian Fourragere).

2.  The applicant states, in effect, that the Bronze Star Medal and the Belgian Fourragere are not list on his WD AGO Form 53-55.

3.  The applicant provides a copy of a letter from the National Personnel Records Center (NPRC), dated 4 June 2007; a copy of the history of the Bronze Star Medal, from the Internet; a copy of a newspaper article; a copy of a letter from the Ministry of National Defense, and a copy of his WD AGO Form 53-55 in support of his request.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 21 October 1943 and entered active duty on 11 November 1943.  He served in the European Theater of Operations (ETO) from 17 October 1944 to 11 July 1945.  While in service, he served in military occupational specialty 607, as a Light Mortar Section Leader.  He was honorably separated on 18 March 1946.





3.  The applicant’s WD AGO Form 53-55 shows that he was credited with participation in three campaigns of World War II.  He was awarded the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Combat Infantryman Badge.  His WD AGO Form 53-55 does not show any additional awards.  

4. Item 4 (Arm or Service), of the applicant's WD AGO Form 53-55, shows that he was an Infantry soldier and in item 6 (Organization), Company K, 345th Infantry Regiment, 87th Infantry Division, as his last unit of assignment.

5.  The applicant provided a copy of a decree from the Ministry of National Defense. The decree indicates that the 87th Infantry Division, of the United States Army, was cited to the Order of the Day of the Belgian Army and awarded the Croix de Guerre.  The decree was given at Brussels on 22 May 1945.

6.  The applicant provided a copy of a letter from NPRC which informed him that his records were destroyed in the 1973 fire.  He was also informed that a NA Form 13058 (Certification of Military Service) was provided to verify his military service.

7.  Army Regulation 600-8-22 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.

8.  While the applicant was serving in the ETO he participated in the Ardennes, Central Europe, and Rhineland campaigns. 

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal



10.  Department of the Army Pamphlet 672-1 shows, among other information, occupation credit awarded to units during World War II.  This document shows the unit to which the applicant was assigned, Company K, 345th Infantry Regiment, 87th Infantry Division, was awarded occupational credit for the occupation of Germany for the period from 2 May 1945 to 13 June 1945.

11.  The history for the 87th Infantry Division maintained by the Center for Army History has no record of the division having been cited for and awarded the Belgian Fourragere.

12.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, does not show the applicant's unit, Company K, 345th Infantry Regiment, 87th Infantry Division, as having been awarded the Belgian Fourragere during World War lI.

13.  Army Regulation R 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.  The regulation states that the Belgian Government may award it 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 evidence shows the applicant was awarded the Combat Infantryman Badge during World War II.  Based upon the special provisions of the awards regulation which considers award of the Combat Infantryman Badge a citation in orders, the applicant is entitled to award of the Bronze Star Medal and to have this award added to his WD AGO Form 53-55.

2.  The applicant's WD AGO Form 53-55 shows that he was awarded the EAME Campaign Medal.  However, he participated in three campaigns:  the Ardennes, Central Europe, and Rhineland.  He is therefore, entitled to award of three bronze service stars to be affixed to the already-awarded EAME Campaign Medal.

3.  The applicant served with a unit at the time it was allegedly cited in the Order of the Day of the Belgian Army for award of the Belgian Fourragere.  The history of the 87th Infantry Division maintained by the Center for Army History has not acknowledged this award.  The award is not shown as an authorized award in DA Pamphlet 672-1.  In the absence of corroborating evidence to show his unit was cited in the Order of the Day of the Belgian Army, he is not entitled to have this award added to his WD AGO Form 53-55.
4.  The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp.  He is therefore entitled to correction of his records to show this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_LDS___  ___EP___  ___JRH__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Bronze Star Medal, based on award of the Combat Infantryman Badge; the European-African-Middle Eastern Campaign Medal, with three bronze service stars; and the Army of Occupation Medal, with Germany Clasp, and adding these awards to his WD AGO Form 53-55.

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 the Belgian Fourragere to the applicant and its addition to his WD AGO Form 53-55.




____Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR20070009944
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071204
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460318
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.