RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070012658 


	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. John Infante

Chairperson

Mr. Eric N. Andersen

Member

Mr. David K. Haasenritter

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 Silver Star and Purple Heart for his service during World War II.

2.  The applicant states, in effect, that he sustained concussion injuries while in combat and should have received the Purple Heart and the Silver Star. 

3.  The applicant provides copies of the cover page of his Department of Veterans Affairs Rating Decision, dated 30 July 2003; Rating work sheet dated 29 September 1947; Authorization for Awards (DA Form 1577); Transcript of Military Record (AGO Form 01254) dated 27 December 1949; Orders Number 174, 79th Infantry Division, dated 1 August 1945, awarding him the Bronze Star Medal with Oak Leaf Cluster; and an extract from the Cypress Community Newsletter, dated February 2006. 

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 requests correction of his records to show award of the Silver Star.  There are no orders or other evidence authorizing award of the Silver Star to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Silver Star under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings. 



3.  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.  

4.  The applicant’s AGO Form 01254 shows that he was inducted into the Army of the United States and entered active duty on 30 November 1943.  He served in the European Theater of Operation from 5 June 1944 to 29 January 1946, when he was returned to the United States, arriving on 10 February 1946.  He was discharged on 17 February 1946.  He had attained the rank of private first class and had completed 2 years, 2 months, and 17 days of creditable active service.  His characterization of service was honorable.

5.  Item 4 (Organization) of his AGO Form 01254 shows he served with the 
313th Infantry Regiment.  Item 25 (Military Qualification) of this document shows he was awarded the Combat Infantryman Badge on 8 December 1944.  Item 
26 (Battles and Campaigns) shows he served in the Rhineland and Central Europe campaigns.  Item 27 (Decorations and Citations) list the European-African-Middle Eastern Campaign Medal with two bronze service stars, Good Conduct Medal, and the Bronze Star Medal.  It does not show award of the Purple Heart.

6.  Item 28 (Wounds Received in Action) contains the entry ”None.”

7.  The Rating Work Sheet, dated 29 September 1947 indicates that the applicant received a chest concussion.  However, it does not provide any information concerning when, where, or under what circumstances this injury was sustained, or if he received medical treatment.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.
  
9.  Review of the applicant's available record indicates entitlement to additional awards and decorations that are not shown on his separation documents.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.  This publication shows that the 313th Infantry Regiment, 
during the time of the applicant's assignment participated in the following five campaign periods: Ardennes-Alsace, Central Europe, Normandy, Northern France, and the Rhineland.  A bronze service star will be awarded for wear on the European-African-Middle Eastern Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

11.  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 313th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 54, dated 1945, for award of the Presidential Unit Citation; and in DAGO Number 43, dated 1950, for two awards of the French Croix de Guerre.  His unit was also credited with Occupation of Germany.  

12.  The French Fourragere is 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, the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow 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.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.

13.  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.  The applicant’s unit was awarded the French Croix de Guerre by Department of the Army General Order 43, dated 1950 during the time of the applicant’s assignment.

14.  General Orders Number 174, 79th Infantry Division, dated 1 August 1945, awarded the applicant an Oak Leaf Cluster to his Bronze Star Medal for meritorious achievement in action against the enemy from 15 October 1944 to 
12 April 1945, in France, Belgium, the Netherlands, and Germany.

15.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

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.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no available orders that show the applicant was awarded the Purple Heart.  The evidence provided by the applicant shows that he sustained a chest 
concussion injury; however, it does not provide substantiating evidence that this injury occurred as a result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Records show that the applicant participated in five campaign periods during his service in the European theater of Operations.  Therefore, he is eligible for award of a silver service star to be affixed to his European-African-Middle Eastern Service Medal.

3.  The applicant's unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.   
4.  The applicant's unit was cited twice in general orders for award of the French Croix de Guerre, qualifying for award of the French Fourragere.  Therefore, his records should be corrected to show this foreign unit award.

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

6.  General orders show that the applicant was awarded two Bronze Star Medals. He was also awarded the Combat Infantryman Badge, qualifying him for award of an additional Bronze Star Medal.  Therefore, he should be awarded an additional Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__DKH__  __JI_____  __ENA  _  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:

a.  awarding him a second Oak Leaf Cluster for wear on his already awarded Bronze Star Medal with Oak Leaf Cluster;

b.  showing, that in addition to the awards shown on his Transcript of Military Record, his awards include two Oak Leaf Clusters on his already awarded Bronze Star Medal, Presidential Unit Citation, American Campaign Medal, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, a silver service star to be affixed to his already awarded European-African-Middle Eastern Campaign Medal, and the French Fourragere; and

c.  providing the applicant an appropriate document that includes these changes.

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 Purple Heart.




	____     John Infante _______
          		CHAIRPERSON




INDEX

CASE ID
AR20070012658
SUFFIX

RECON
 
DATE BOARDED
20080131
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT  
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.