RECORD OF PROCEEDINGS


	IN THE CASE OF:	  .  


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070011111 


	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. Hubert O. Fry, Jr.

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the 
Bronze Star Medal.

2.  The applicant states that he left his organization before the award was made.

3.  The applicant provides copies of his WD AGO Form 53-55; Separation Qualification Record (WD AGO Form 100); Request for Decoration and/or Citation (WD AGO Form 106), dated 1 November 1945; and a National Personnel Records Center Letter, dated 5 June 2007.

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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  On 8 January 1943, the applicant was inducted into the Army of the United States.  He was awarded military occupational specialty 342 (Communications Chief).

4.  On 21 February 1944, the applicant was assigned for duty in the European Theater of Operations (ETO), where he served with the 103rd Antiaircraft Artillery Automatic Weapons Battalion.  He departed the ETO on 20 October 1945 and returned to the United States on 28 October 1945.
5.  On 1 November 1945, the applicant was discharged.  He had attained the rank of sergeant, and had completed 2 years, 9 months, and 17 days of creditable active service.

6.  Item 32 (Battles and Campaigns) of his WD AGO 53-55, lists his campaigns as Ardennes, Central Europe, Normandy, Northern France, and the Rhineland. 

7.  Item 33 (Decorations and Citations) of his WD AGO 53-55, lists his awards as the Good Conduct Medal and the European-African-Middle Eastern Service Medal.  It does not show award of the Bronze Star Medal.

8.  WD AGO Form 106, provided by the applicant, shows that on 1 November 1945, he had submitted a claim for the Bronze Star Medal.  The form shows that he had contended at the time that the Bronze Star Medal was awarded to him by the Headquarters, XII Corps on or about 1 July 1945.  The form was signed by the applicant, but does not contain a signature of the certifying officer.

9.  A search of the historical files of the 103rd Antiaircraft Artillery Automatic Weapons Battalion, 155th Artillery Group, and the XII Corps, in the National Archives, College Park, Maryland, failed to provide any documentation showing the applicant’s entitlement to the award of the Bronze Star Medal.  

10.  Review of the applicant's available records indicates entitlement to additional awards and decorations that are not shown on his separation documents.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the European-African-Middle Eastern Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.
13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

14.  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.  This publication shows that the 103rd Antiaircraft Artillery Automatic Weapons Battalion, during the time of the applicant's assignment, was twice cited in Department of the Army General Orders (DAGO) Number 65, dated 1955, for award of the Belgian Fourragere, and for award of the Army of Occupation Medal with Germany Clasp. 

15.  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:

1.  There is no available evidence showing that the applicant was awarded the Bronze Star Medal in July 1945.  Therefore, the applicant’s request to correct his records to add this award should be denied.  However, should he have, or be able to obtain a copy of the orders awarding him this medal, he may submit another application for consideration.

2.  The available evidence shows that the applicant served during a qualifying period for award of the American Campaign Medal, World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp.  Therefore, his records should be corrected to show these awards.

3.  The available evidence clearly shows that the applicant participated in five campaign periods in the ETO.  Therefore, he is entitled to wear a silver service star on his European-African-Middle Eastern Service Medal.

4.  Records show that the applicant’s unit was twice cited in general orders for award of the Belgian Fourragere.   Therefore, his records should be corrected to show this foreign award. 

5.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ HOF __  __RCH__  __JTM___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.










2.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include a silver service star to be affixed to his already-awarded European-African-Middle Eastern Service Medal, American Campaign Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, and the Belgian Fourragere.




_ __    Hubert O. Fry, Jr.___
          CHAIRPERSON




INDEX

CASE ID
AR20070011111
SUFFIX

RECON

DATE BOARDED
20080117
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.