IN THE CASE OF:	  

	BOARD DATE:	  25 September 2008

	DOCKET NUMBER:  AR20080007423 


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 requests correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the 
Belgian Fourragere.

2.  The applicant states, in effect, that he served in the Ardennes from 
16 December 1944 to 20 February 1945.  He contends that his unit was awarded the Belgian Fourragere.

3.  The applicant provides copies of his WD AGO Form 53-55, a summary of the notable achievements of the 99th Infantry Division, and a partial map of Europe.

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.  The applicant’s WD AGO Form 53-55, as previously corrected, shows:

	a.  that his organization was the 395th Infantry Regiment;

      b.  that he was inducted into the Army of the United States and entered active duty on 26 June 1944;

	c.  that he held military occupational specialty 060 (Cook)

      d.  that he deployed on 22 December 1944 for duty in the European Theater of Operations (ETO) and arrived in that theater on 30 December 1944;

	e.  that he participated in three campaigns in the ETO, qualified as a sharpshooter with his M-1 rifle, and was awarded the Combat Infantryman Badge;

	f.  that his awards include the Bronze Star Medal, Good Conduct Medal, European-African-Middle Eastern Service Medal,  American Campaign Medal, and the World War II Victory Medal;

      g.  that he served in the ETO until 13 July 1945, when he returned to the United States; and

	h.  that he did not receive any wounds in action.

4.  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 395th Infantry Regiment was cited in General Orders Number 43, dated 1950, for being cited in the Belgian Citation in the Order of the Day for the period from 18 November 1944 to 16 December 1944; and again from 16 December 1944 to 20 February 1945.  It further shows that the 395th Infantry Regiment received credit for the occupation of Germany.

5.  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 only once 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 based on two or four citations for the French Croix de Guerre; the Belgian Fourragere based on two Citations in the Order of the Day; and the Netherlands Orange Lanyard based on two citations for the Netherlands Military Order of William.  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.

6.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides, in pertinent part, that it is the function of the military personnel system to “provide a record of critical personnel information about Soldiers to support battle field decisions and to satisfy the Nation’s obligation to retain historical information for its veterans.”  This regulation further provides for the entry of all decorations, service medals, service ribbons, badges, oak leaf clusters, numeral devices, overseas service bars, and citations that the individual is authorized, to include those awards specifically authorized by Headquarters, Department of the Army (HQDA) directive, or as approved for acceptance by HQDA or other authority.  Foreign awards must be specifically approved by HQDA to be entered into the Soldier’s personnel record.

7.  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.  

DISCUSSION AND CONCLUSIONS:

1.  According to Army policy, no individual emblem may be presented to or worn by Army Soldiers who were in a unit cited only once by the Belgian Government Order of the Day.  However, the applicant is entitled to have this award entered in the Remarks section of his WD AGO Form 53-55.  The appropriate entry is "BELGIAN CITATION IN THE ORDER OF THE DAY—UNIT CITATION—NO EMBLEM AUTHORIZED."

2.  The available evidence clearly shows that the applicant participated in three campaign periods.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Service Medal.

3.  Records show that the applicant’s unit was credited with the occupation of Germany.  Therefore, his records should be corrected to show award of the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  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.  showing, in addition to the awards already shown on his WD AGO Form 53-55, that his awards include the Army of Occupation Medal with Germany Clasp and three bronze service stars to be affixed to his already awarded European-African-Middle Eastern Service Medal; and

	b.  adding in the Remarks block of his WD AGO Form 53-55: "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 award oft the Belgian Fourragere.  




__________ _X    _______   ___
       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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080007423



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