IN THE CASE OF:	  

		BOARD DATE:	       23 January 2009

		DOCKET NUMBER:  AR20080017065 


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 his records be corrected to reflect entitlement to three bronze service stars denoting participation in three campaign periods, and an award of the Meritorious Unit Commendation.

2.  The applicant states he was recently "awarded" two "Battle Stars" but does not articulate who awarded him those items.  He states he was awarded three "Battle Stars."  He notes his separation document reflects participation in the Ardennes and Rhineland campaigns but he believes he is entitled to a third campaign star in that the march to the Rhine, following the Battle of the Bulge, was considered an additional campaign.

3.  The applicant states he was also awarded a "meritorious service award" which is still sewn on his uniform sleeves.  He states that he recalls being awarded the "meritorious service award" while in Paris, along with the directions on how it was to be worn on their sleeves.

4.  The applicant states that he was wounded on 4 February 1945 and after being released from the hospital he was assigned to the 11th Traffic Group in Paris and remained with that unit until he was discharged.

5.  The applicant provides no additional evidence in support of his request.




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, the appellant's separation document was available and will be sufficient to reconstruct a record for the Board to conduct a fair and impartial review of this case.  A unit morning report noting the applicant was wounded on 4 February 1945 was also available to the Board.  

3.  According to the applicant's separation document, he was inducted on 25 May 1943 and entered active duty on 1 June 1943.  He served in the European Theater of Operations from 25 September 1944 until 17 February 1946.

4.  On 4 February 1945 the applicant was wounded as a result of hostile action and awarded the Purple Heart.  The unit morning report available to the Board indicates the applicant was assigned to Company B, 23rd Infantry Regiment at the time.

5.  The applicant was honorably discharged on 4 March 1946.  His separation document indicates he was still assigned to Company B, 23rd Infantry Regiment at the time of his discharge.  His separation document reflects award of the Combat Infantryman Badge, the Purple Heart, the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the American Campaign Medal.  He was also credited with participating in the Ardennes and Rhineland campaigns.




6.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant was a member of the 23rd Infantry Regiment when it was credited with participation in the Ardennes, Rhineland, and Central Europe Campaigns.  The Central Europe Campaign was omitted from the applicant's separation document.

7.  Army Regulation 600-8-22 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 that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, also shows the applicant was a member of the 23rd Infantry Regiment when it was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation), the Belgian Fourragere, and authorized occupation credit for service in Germany.  The World War II units that are authorized occupation credit are entitled to the Army of Occupation Medal with Germany Clasp.

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.  The applicant was present during both periods for which his unit was cited by the Belgian Government.

10.  The Meritorious Unit Commendation was awarded to service units, generally of battalion size or smaller, for at least six months of exceptionally meritorious conduct in support of military operations.  During World War II the award consisted of a "wall plaque" or wreath emblem which was worn on the right sleeve four inches above the cuff sewn.  Today a ribbon bar is awarded rather than the wall plaque.  Department of the Army Pamphlet 672-1 does indicate that Service Company, 23rd Infantry Regiment was awarded a Meritorious Unit Commendation on 22 June 1945, but Company B was not.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star 


Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat 
Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant did participate in three designated campaign periods and as such is entitled to three bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.

2.  Unfortunately, while the evidence also confirms that the Service Company of the 23rd Infantry Regiment was awarded a Meritorious Unit Comendation, Company B was not.  There is no evidence available to the Board which confirms the applicant was assigned to any other unit, other than Company B, 23rd Infantry Regiment and as such, there is no basis to show award of the Meritorious Unit Commendation.

3.  The evidence also shows the applicant is entitled to a Bronze Star Medal based on his award of the Combat Infantryman Badge, the Presidential Unit Citation, the Belgian Fourregere, the Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal.

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.  deleting from his WD AGO 53-55 the European-African-Middle Eastern Theater Service Medal; and

   a.  adding to his WD AGO 53-55 the European-African-Middle Eastern Campaign Medal with 3 bronze service stars (denoting participation in three designated campaign periods during World War II), the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Presidential Unit Citation, the Belgian Fourregere, the Army of Occupation Medal with Germany Clasp, and the World II Victory Medal.

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 Meritorious Unit Commendation.



      _________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)                                         AR20080017065



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ABCMR Record of Proceedings (cont)                                         AR20080017065



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