IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080009475
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 records to show award of the French Croix de Guerre with Silver Star and the French Legion of Honor.
2. The applicant states that the French Government tried to make the award of the Croix de Guerre but he had already been discharged and was unable to get his home address because it was the policy of the Office of Strategic Services not to give his address.
3. The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), with the period ending 4 November 1945; a WD AGO Form 100 (Separation Qualification Record); a Citation for the French Croix de Guerre with Silver Star, dated 27 July 1982; and a letter from the French Consul General, dated 19 December 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants 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 Citation for the French Croix de Guerre with Silver Star, and a letter from the French Consul General.
3. The applicant's WD AGO Form 53-55 with the ending period 4 November
1945 shows he was inducted and entered active service on 23 March 1942. On 1 March 1944, he departed the United States for duty in the European Theater of Operations. He arrived in the European Theater of Operations on 7 March 1944.
4. The applicant departed the European Theater of Operations on 3 September 1945. He was honorably discharged on 4 November 1945.
5. Item 31 (Military Qualification and Date) of the applicant's WD AGO Form
53-55 shows he was awarded the Parachutists Badge. Item 33 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Campaign Medal, the Army Good Conduct Medal, the Air Medal, the American Theater Campaign Medal, and the World War II Victory Medal. Item 32 (Battles and Campaigns) shows applicant participated in the Rhineland, Ardennes, and Central Europe campaigns.
6. The applicant's WD AGO Form 100 shows that he interpreted French to assist military operations. He traveled throughout the continent aiding in the organization of French underground groups for the Office of Strategic Services.
7. A citation, dated 27 July 1982, shows the applicant was awarded the French Croix de Guerre with Silver Star for his service with the French underground during World War II.
8. A letter, dated 19 December 2006, from the French Consul General shows that the applicant was awarded the French Knight of the Legion of Honor for his contribution to the liberation of France during World War II.
9. A memorandum, dated 25 august 2008, from the Awards Branch of the U.S. Army Human Resources Command verified the applicant's entitlement to the French Croix de Guerre with Silver Star and the French Knight of the Legion of Honor issued by the government of France.
10. 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.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was awarded the French Croix de Guerre with Silver Star and the French Knight of the Legion of Honor. He was also credited with participation in three campaigns, meeting the eligibility criteria for wear of three bronze service stars on his European-African-Middle Eastern Campaign Medal. Therefore, his WD AGO Form 53-55 should be amended to show these awards.
BOARD VOTE:
___xx___ __xx___ ____xx__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's WD AGO Form 53-55 in item 33 to add the French Croix de Guerre with Silver Star, the French Knight of the Legion of Honor, and three bronze service stars to be worn on his already-awarded European-African-Middle Eastern Campaign Medal.
_________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) AR20080009475
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