IN THE CASE OF:	  

		BOARD DATE:	  10 February 2009

		DOCKET NUMBER:  AR20080012076 


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 in effect, that the records of his deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal (BSM) for valor, the Silver Star (SS), Purple Heart (PH) with 1st Oak Leaf Cluster (2nd Award), and Glider Infantry Badge; to show his eligibility for the French Fourragere, Belgian Fourragere, Netherlands Order of William, Belgium Order of the Day, and Netherlands Orange Lanyard; and that he be issued award certificates for the PHs and BSM.  

2.  The applicant states, in effect, that since April 2007 he has been attempting to establish all the awards his father earned and is eligible for based on his World War II service.  He states that while serving in the European Theatre of Operations (ETO), his father was initially assigned to Company F, 401st Glider Infantry Regiment, 101st Airborne Division, and at some point was transferred to the 325th Glider Infantry Regiment, 82nd Airborne Division.  He states he is trying to verify his father's eligibility for the following awards based on the actions indicated:  BSM for action which occurred on or about 19 June 1944; SS for heroic conduct in action against the enemy near Holland; and the PH with 1st Oak Leaf Cluster (2nd Award), for severe frostbite he sustained to his feet.  He also is requesting confirmation of his father's eligibility for the Glider Infantry Badge, French and Belgium Fourragere, Netherlands Order of William, Order of the Day of the Belgium Army, and the Netherlands Orange Lanyard.  He also requests that certificates be issued for the BSM and PHs.


3.  The applicant provides the following documents in support of his application: self-authored letter, dated 3 August 2007; FSM's Certificate of Death; applicant's Certificate of Birth; Army Review Boards Agency, Support Division, St. Louis letter, dated 11 September 2007; Congressional correspondence, dated 31 May 2007 and 23 August 2007; FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge); and newspaper clippings.

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 FSM’s military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM’s WD AGO Form 53-55, Office of the Surgeon General (OTSG) Hospital Admission Records, and documents provided by the applicant.    

3.  The FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 28 November 1941 and entered active duty on 4 December 1941.  It also shows he held and served in military occupational specialty (MOS) 745 (Rifleman) and that the highest rank he attained while serving on active duty was private first class (PFC).  It further confirms he served in the ETO from
19 October 1942 and returned to the United States on 28 March 1945, that he was assigned to the 325th Airborne Infantry and that he participated in the Normandy, Northern France, Rhineland, and Ardennes campaigns of World War II.  


4.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55  shows he earned the Combat Infantryman Badge (CIB) and Item 33 (Decorations and Citations) shows he earned the PH, Army Good Conduct Medal (AGCM), American Defense Service Ribbon (now known as the ADSM), Distinguished Unit Badge (now known as the Presidential Unit Citation (PUC)), and the 
European-African-Middle Eastern (EAME) Campaign Medal with 4 bronze service stars and 1 bronze arrowhead.  Item 34 (Wounds Received in Action) contains the entry "EAME Theater (Date not Available)." 

5.  An OTSG Hospital Admission Record pertaining to the FSM in the NPRC file shows he was admitted to a medical treatment facility in the ETO in June 1944, and was treated for an artillery shell fragment wound to his face, which he received during combat action and was categorized a battle casualty.  A second OTSG Hospital Admission Record on file confirms the FSM was again admitted to a military medical treatment facility in the ETO on 7 January 1945, and was treated for frostbite to his foot, which was categorized as a battle injury.  He remained hospitalized for 174 days for this condition.  

6.  The NPRC file also contains letters to a Member of Congress, dated 7 May 2007 and 23 July 2007, which indicate the FSM was authorized the BSM, PH, AGCM, PUC, EAME with 4 bronze service stars and arrowhead, World War II Victory Medal, CIB, ADSM and Honorable Service Lapel Button.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-13 provides guidance on award of the BSM.  Paragraph
3-13d(2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.  

8.  Paragraph 5-12 of the awards regulation contains guidance on the World War II Victory Medal.  It states that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  

9.  Paragraph 8-32, of the awards regulation contains guidance on the Glider Badge and states, in pertinent part, that it is awarded to members who participated in at least one combat glider landing into enemy-held territory as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander. 

10.  Paragraph 9-17 of the awards regulation contains guidance on award of the French Fourragere and states, in pertinent part, that it 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.  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.

11.  Paragraph 9-18 of the awards regulation contains guidance on award of the Belgian Fourragere and states, in pertinent part, that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  There is no individual device, medal or ribbon authorized for members of a unit for only being cited in Order of the Day of the Belgian Army once. 

12.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an 
award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.  The regulation stipulates that an Oak Leaf Cluster is awarded to denote a second or subsequent award of the PH. 

13.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It confirms that during his tenure of assignment, the FSM's unit (both the 401st Glider Infantry Regiment, 101st Airborne Division, and the 325th Glider Infantry Regiment, 82nd Airborne Division) received assault landing credit for Normandy and Nijmegen-Arnhem.  It further confirms the units received the French Fourragere, Belgian Fourragere, Netherlands Orange Lanyard, and the 325th Glider Infantry Regiment received the Netherlands Military Order of William.  


14.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award of presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM should be awarded the BSM was carefully considered and found to have merit.  By regulation, the BSM is authorized to members who received the CIB during World War II.  The evidence shows that the FSM was awarded the CIB, and as a result, he should be awarded the BSM for his exemplary conduct in ground combat against an armed enemy while serving in the ETO from 19 March 1942 until his return to the United States on 28 March 1945.  Therefore, it would be appropriate to add this award to his WD AGO 53-55 and to issue the applicant the appropriate award certificate.  

2.  The applicant's contention of the FSM's entitlement to the PH with 1st Oak Leaf Cluster (2nd Award) was also carefully considered and found to have merit. The evidence confirms the FSM received artillery shell fragments wounds and was admitted to and treated for these battle related wounds at a military treatment facility in the ETO in June 1944, as evidence by an OTSG Hospital Admission Record on file at the NPRC.  A second OTSG Hospital Admission Record on file confirms the applicant was admitted to a medical treatment facility and treated for frostbite, which was coded as a battle related injury, in January 1945, and that he remained hospitalized for this condition for 145 days.  Given the frostbite injury was battle related injury and required extended hospitalization for treatment, it is concluded the frostbite injury was severe enough to support award of the PH.  Given the OTSG reports confirm the FSM was wounded in action on two separate occasions, it would be appropriate to correct his WD AGO 53-55 to show his entitlement to the PH with 1st Oak Leaf Cluster (2nd Award) and to issue the applicant the appropriate award certificates for these two separate awards of the PH to the FSM.  


3.  The evidence also shows that based on his World War II and ETO service and campaign participation, the FSM is also eligible to receive the World War II Victory Medal, Glider Infantry Badge (based upon his receiving a bronze arrowhead), French Fourragere, Belgian Fourragere, and the Netherlands Orange Lanyard.  As a result, these awards should also be added to the FSM's record and WD AGO Form 53-55 at this time.  However, being cited in the Order of the Day of the Belgium Army is not in and of itself an award and is not an authorized entry in the record and/or separation document.

4.  The available NPRC file and the information provided by the applicant fails to confirm the FSM was ever recommended for or awarded either the SS or the BSM for valor during his active duty tenure.  As a result, there is insufficient evidence to support adding either of these awards to the FSM's record and separation document at this time.  Although the available evidence is not sufficient to award the FSM the SS or the BSM for valor, this in no way affects the applicant's right to pursue these awards for the FSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 

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 FSM be corrected by:

	a.  awarding the FSM the Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy while serving in the ETO and issuing the applicant the appropriate award certificate; 

	b.  awarding the FSM the Purple Heart 1st Oak Leaf Cluster for being wounded in action in the ETO on 7 January 1945 and issuing the applicant the appropriate certificate; 


	c.  showing that based on his service, campaign participation and assault landing credit in the ETO, in addition to those awards already documented in his record and separation document, the FSM is eligible for the French Fourragere, Belgian Fourragere, Netherlands Orange Lanyard, and Glider Infantry Badge; 

	d.  amending the FSM's 6 July 1945 WD AGO Form 53-55 by deleting the current list of awards in Item 33 and replacing it with the entry "Bronze Star Medal, Purple Heart 1st Oak Leaf Cluster (2nd Award), Army Good Conduct Medal, European-African- Middle Eastern Campaign Medal with 4 bronze service stars and 1 bronze arrowhead, American Defense Service Medal, World War II Victory Medal, Presidential Unit Citation (Distinguished Unit Citation), French Fourragere, Belgian Fourragere, Netherlands Orange Lanyard, Combat Infantryman Badge, and Glider Infantry Badge" and by deleting the current entry in Item 34 and replacing it with the entry "Wounded In Action, ETO, June 1944 and January 1945"; and 
      
e.  providing the applicant a correction to the FSM's separation document that 
includes all of 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 Silver Star, the Bronze Star Medal for valor, and the Order of the Day of the Belgium Army.




      ________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)                                         AR20080012076



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ABCMR Record of Proceedings (cont)                                         AR20080012076



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