IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080006011 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, as the wife of the deceased former service member (FSM), requests correction of her late husband's records to show award of the Presidential Unit Citation, Meritorious Unit Commendation, French Croix de Guerre, Belgian Croix de Guerre, Prisoner of War Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, American Campaign Medal, Silver Campaign Star, and Arrowhead.

2.  The applicant states, "My husband[’s] WD AGO [War Department Adjutant General Office] Form 53-55 and Honorable Discharge indicates that he was separated from the 1209th SCU and, in accordance with my husband[’s] WD AGO Form 100, he served overseas with the 168th Combat Engineers and the 291st Combat Engineers in England, France, and Belgium.  And he was present at Normandy, Northern France, Rhineland, Ardennes, and Central Europe…Therefore, in accordance with DA PAM 672-1 and Army Regulation 600-8-22, I would like to apply for his awards/decoration[s] that are not listed on his paperwork. "

3.  The applicant provides copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 29 October 1945; a WD AGO Form 100 (Separation Qualification Record); two newspaper articles; a State of New York Medical Certificate of Death, dated 14 October 1982; and a State of New York Certificate of Marriage, dated 29 July 1946.


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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55, a WD AGO Form 100, a National Archives and Records Administration (NARA) World War II Prisoners of War (POW) Data File, and a Veterans Administration (VA) Form 60-3101-3 (Request for Information).

3.  The FSM's WD AGO Form 53-55 for the period ending 29 October 1945 shows he was inducted into the Army of the United States on 25 January 1943 and entered active service on 1 February 1943.  On 3 May 1944, he departed the United States for duty in the European theater of operations.  He arrived in the European theater of operations on 15 May 1944.

4.  The FSM departed the European theater of operations on 15 May 1945.  He was honorably discharged on 29 October 1945.

5.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal "SV" and the Army Good Conduct Medal.  Item 6 (Organization) shows the entry "1209 SCU USDB Pine Camp, N.Y."  Item 32 (Battles and Campaigns) shows FSM participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns.

6.  The FSM's WD AGO Form 100 shows that he served as a construction foreman and supervised up to 40 men in construction of bridges and roads with the 168th Engineer Combat Battalion and the 291st Engineer Combat Battalion while stationed in England, France, and Belgium.  Although the FSM's WD AGO Form 100 shows he served with two separate units while in the European theater of operations, it does not show the exact periods he served in each unit.

7.  A VA Form 60-3101-3, dated 28 April 1982, shows that the FSM applied for a disability claim.  The VA requested verification regarding his POW status.  The document further shows that the FSM indicated that he was a POW for 128 days.

8.  The NARA World War II Prisoners of War Data File shows that on 21 December 1944, the FSM was reported as a POW while he was assigned to the 168th Engineer Combat Battalion in Belgium.  The FSM was captured by German forces and it appears that he was returned to military control on or about 28 April 1945.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

10.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that the 168th Engineer Combat Battalion was awarded the Distinguished Unit Citation (currently known as the Presidential Unit Citation) for the period 17 December 1944 through 23 December 1944.

12.  Department of the Army Pamphlet 672-1 shows that the 168th Engineer Combat Battalion was citied once for the Citation in the Order of the Day of the Belgian Army for the period 10 December 1944 through 31 December 1944.  There is no emblem authorized for one citation of the award.  However, if a unit is cited more than once for the Citation in the Order of the Day of the Belgian Army, it is awarded the Belgian Fourragere.

13.  Army Regulation 600-8-22 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.  When a unit is cited four times, the colors of the fourragere are yellow and green.  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.

14.  Army Regulation 600-8-22 does not list the Belgian Croix de Guerre as an authorized award.

15.  Department of the Army Pamphlet 672-1 shows that the 1209th Service Command Unit (SCU), Prisoner of War Camp, Pine Camp, New York, was awarded the Meritorious Unit Commendation for the period 13 February 1945 through 11 July 1945.

16.  Department of the Army Pamphlet 672-1 shows that the 1209th SCU, Station Complement, Headquarters and Headquarters Detachment, Pine Camp, New York, was awarded the Meritorious Unit Commendation for the period 1 February 1945 through 1 October 1945.

17.  Army Regulation 600-8-22 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.

18.  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 1 year.

19.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal and the European-African-Middle Eastern Campaign Medal.

20.  Department of the Army Pamphlet 672-1 does not show that either the 168th Engineer Combat Battalion or the 291st Engineer Combat Battalion was awarded assault credit.

21.  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 on 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.

22.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO 
Form 53-55.  This regulation states a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM should be awarded unit awards and decorations for his service in the European Theater of Operations while assigned to the 168th Engineer Combat Battalion and the 291st Engineer Combat Battalion.  Even though the FSM's WD AGO Form 100 shows he served in the European Theater of Operations with the 168th Engineer Combat Battalion and the 291st Engineer Combat Battalion, the available military records do not show the exact period he served with these units.

2.  Evidence does show that prior to the FSM becoming a prisoner of war he was assigned to the 168th Engineer Combat Battalion during a period of time the unit was awarded the Presidential Unit Citation and the Citation in the Order of the Day of the Belgian Army.  He was also credited with participation in five campaigns, meeting the eligibility criteria for wear of one silver service star on his European-African-Middle Eastern Campaign Medal.  His WD AGO Form 53-55 should be amended to reflect these awards/citations.

3.  The FSM's WD AGO Form 53-55 shows his last unit of assignment was the 1209th SCU, U.S. Disciplinary Barracks (USDB), Pine Camp, New York.  Unfortunately, Army Regulation 672-1 does not list the 1209th SCU USDB as being eligible for unit awards and decorations.

4.  Department of the Army Pamphlet 672-1 does not show that either the 168th Engineer Combat Battalion or the 291st Engineer Combat Battalion was awarded assault credit; therefore, there is insufficient evidence to show the FSM was authorized the arrowhead.

5.  The Belgian Croix de Guerre is not listed in Army Regulation 600-8-22 as an authorized award and therefore would not be authorized for entry on the WD AGO Form 53-55.

6.  Records show the FSM was returned to military control on 28 April 1945; his WD AGO Form 53-55 shows he departed the European theater of operations on 15 May 1945.  He, therefore, did not meet the 30 consecutive days at a normal post of duty in a qualifying location requirement for award of the Army of Occupation Medal with Germany Clasp.

7.  The VA Form 60-3101-3 and NARA World War II Prisoners of War Data File show that the FSM was captured by German forces and became a POW while assigned to the 168th Engineer Combat Battalion in Belgium.  He was held captive for the period 21 December 1944 through 28 April 1945.  Therefore, he met the eligibility criteria for award of the Prisoner of War Medal.  The FSM further met the eligibility criteria for award of the World War II Victory Medal and the American Campaign Medal.  These awards should be added to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  __xx____  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:

	a.  by deleting the entry "EAME Medal SV" in item 33 of the FSM's WD AGO Form 53-55;

	b.  by amending the FSM's WD AGO Form 53-55 in item 33 to add Prisoner of War Medal, the European-African-Middle Eastern Campaign Medal with one silver service star, the World War II Victory Medal, the American Campaign Medal, and the Presidential Unit Citation;

	c.  by amending the FSM's WD AGO Form 53-55 in item 55 to add "PRISONER OF WAR - 168TH ENGINEER COMBAT BATTALION - BELGIUM - CAPTURED 21 DECEMBER 1944 - RELEASED 28 APRIL 1945"; and 

	d.  by amending the FSM's WD AGO Form 53-55 in item 55 to add "BELGIAN CITATION IN THE ORDER OF THE DAY - UNIT CITATION - NO EMBLEM AUTHORIZED."

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 correcting the FSM's records to show he was awarded the Meritorious Unit Commendation, the French Croix de Guerre, the Belgian Croix de Guerre, the Army of Occupation Medal with Germany Clasp, and the Arrowhead.



      __________xxxx___________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006011



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ABCMR Record of Proceedings (cont)                                         AR20080006011



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