IN THE CASE OF:	  

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090000397 


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 military record to show award of the Bronze Star Medal, Word War II Victory Medal, Army of Occupation Medal,  Army Good Conduct Medal, American Campaign Medal, and the Belgian Fourragere.

2.  The applicant states, in effect, the awards are not on his records because of an oversight at the time or were awarded after his separation.

3.  The applicant provides his Honorable Discharge Certificate, his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), an internet fact sheet of the 99th Infantry Division, and documents which show the criteria for the requested awards in support of this application.

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 was inducted into the Army on 30 November 1942 and entered active duty on 9 December 1942.  He departed the continental United States (CONUS) on 29 September 1944 and arrived in the European Theatre of Operations (ETO) on 10 October 1944.  His subsequent departure date from the ETO is not available; however, he arrived back in CONUS on 10 October 1945. His WD AGO Form 53-55 further shows his organization as Company M, 395th Infantry, 99th Division.  

4.  The applicant was honorably discharged on 14 October 1945.  Item 31 (Military Qualification and Date) of the applicant's WD AGO Form 53-55 shows the Combat Infantryman Badge.  Item 32 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Theater Ribbon with
3 bronze service stars, Purple Heart, and the Distinguished Unit Badge.

5.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

6.  Army Regulation 600-8-22 also provides that 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.

7.  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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal.  It shows the 99th Infantry Division was awarded occupation credit for Germany for the period 2 May 1945 through 4 June 1945, entitling members to wear the Army of Occupation Medal with Germany clasp.

10.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, provided policy and criteria concerning the Army Good Conduct Medal.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year or continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, nor to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the (Report of Separation.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside of CONUS, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within CONUS for an aggregate period of 1 year.

12.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  The 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 Belgian Fourragere.

13.  Department of the Army Pamphlet 672-1 shows that the 395th Infantry Regiment, 99th Infantry Division, during the time of the applicant's assignment, was awarded the Belgian Fourragere for the periods 18 November through
16 December 1944 and 16 December 1944 through 20 February 1945 by Department of the Army General Orders Number 43, dated 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests for correction of his records to show awards and decorations he is authorized have been carefully reviewed.

2.  Based on his award of the Combat Infantryman Badge, the applicant is entitled to the award of the Bronze Star Medal.  Therefore, the applicant should be awarded the Bronze Star Medal and his records should be corrected to show this award.

3.  The applicant served a period of qualifying service for award of the World War II Victory Medal.  Therefore, his records should be corrected to show this award.

4.  The 395th Infantry Regiment, 99th Infantry Division, during the period of the applicant's assignment, received occupation credit for Germany.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

5.  The applicant served 1 year, 10 months, and 22 days of CONUS service between 7 December 1941 and 24 August 1945.  Based on this service, he served a period of qualifying service for award of the American Campaign Medal. Therefore, his records should be corrected to show this award.

6.  The applicant's WD AGO Form 53-55 confirms he served from 9 December 1942 to 14 October 1945 and was subsequently honorably discharged after serving 2 years, 10 months, and 5 days of creditable service.  However, there is no evidence that show he was recommended for or awarded the Good Conduct Medal.  In the absence of military records, there is insufficient evidence on which to determine the applicant's eligibility for award of  the Army Good Conduct Medal.  Regrettably, there is no basis for award of the Army Good conduct Medal and correction of his records to show this award.

7.  General Orders awarded the 395th Infantry Regiment, 99th Infantry Division, the Belgian Fourragere during the time of the applicant's assignment to that unit. Therefore, he is entitled to have his records corrected to show this award.

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.  awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge; and

	b.  adding to item 32 of the applicant's WD AGO Form 53-55 the Bronze Star Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, American Campaign Medal, and the Belgian Fourragere.

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 Army Good Conduct Medal.



      _________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)                                         AR20090000397



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ABCMR Record of Proceedings (cont)                                         AR20090000397



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