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ARMY | BCMR | CY2008 | 20080016891
Original file (20080016891.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       17 MARCH 2009

		DOCKET NUMBER:  AR20080016891 


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, the son of a deceased former service member (FSM), requests reconsideration of his earlier request for correction of his father's records to show award of the Belgian Fourragere.  As a new issue, the applicant requests correction of his father's records to show award of the French Fourragere.

2.  The applicant states that his father was assigned to the 32d Field Artillery Battalion during the period when the two decorations were awarded.

3.  The applicant provides a copy of the FSM's personal letter to his wife; a Victory Mail (V-Mail) letter; and the FSM's separation document.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060013324 on 12 April 2007.

2.  The applicant's request for correction of his father's records to show award of the French Fourragere is a new issue that will be considered by the Board.

3.  The FSM was inducted on 1 April 1942.  He served in the European theater of operations from 7 September 1944 through 27 September 1945 and was honorably discharged on 28 October 1945.

4.  The applicant provided a copy of V-Mail correspondence which shows the FSM's unit as Battery B, 32d Field Artillery Battalion.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This pamphlet shows the 32d Field Artillery Battalion was cited for award of the French Fourragere for the periods 1 January 1943 through 30 April 1943 and 6 June 1944 based on Department of the Army General Orders Number 43, dated 1950.  The FSM was not assigned in the European theater of operations during these periods.

6.  Department of the Army Pamphlet 672-1 shows the 32d Field Artillery Battalion was cited in the Order of the Day of the Belgian Army for the period 3 September 1944 through 5 September 1944 and from 28 December 1944 through 30 December 1944 based on Department of the Army General Orders Number 43, dated 1950.

7.  On 11 August 2006, the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) was reissued as a DD Form 214 (Certificate of Release or Discharge from Active Duty).  This DD Form 214 does not show the Belgian Fourragere or the French Fourragere as authorized awards.

8.  A DD Form 215 (Correction to DD Form 214), dated 27 November 2007, amended the FSM’s DD Form 214 to add the entry "European-African-Middle Eastern Campaign Medal with four bronze service stars" and "Belgian Citation in the Order of the Day – Unit Citation – No Emblem Authorized."

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.  This regulation states 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.  Persons who were present in only one action are not authorized to wear the fourragere.

10.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his father was assigned to the 32d Field Artillery Battalion during the period when the two decorations (Belgian Fourragere and French Fourragere) were awarded.

2.  However, Department of the Army Pamphlet 672-1 shows the 32d Field Artillery Battalion was cited only once in the Order of the Day of the Belgian Army (28 December 1944 through 30 December 1944) during the period the FSM was assigned in the European theater of operations from 7 September 1944 through 27 September 1945.

3.  The Military Awards regulation directs that the Belgian Fourragere may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  Persons who were present in only one action were not authorized to wear the fourragere.  Therefore, there is insufficient evidence on which to amend the FSM's records to show award of the Belgian Fourragere.

4.  Department of the Army Pamphlet 672-1 shows the 32d Field Artillery Battalion was cited for award of the French Fourragere prior to the period the FSM was assigned in the European theater of operations.  Therefore, there is no basis for amending the FSM's records to show award of the French Fourragere.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X____  ___X_____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  As regard the applicant's request for correction of his father's records to show award of the French Fourragere, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As regard the applicant's request for reconsideration of his request to correct his father's records to show award of the Belgian Fourragere, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decisions of the ABCMR set forth in Docket Number AR20060013324, dated 12 April 2007.




      __________XXX_______________
                 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)                                         AR20080016891



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ABCMR Record of Proceedings (cont)                                         AR20080016891



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