IN THE CASE OF:	  

		BOARD DATE:	  	  14 April 2009

		DOCKET NUMBER:  AR20090000753 


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, correction of his records to show award of the Combat Medical Badge, French Croix de Guerre, and Belgian Fourragere.

2.  The applicant states, in effect, he received the Combat Medical Badge while serving with the 87th Chemical Mortar Battalion, Medical Detachment, during World War II from “D-Day” until Germany surrendered.  He also states he was wounded in action while helping wounded Soldiers and was awarded the Purple Heart.  He adds the fact that he received the Purple Heart is evidence he was in combat and that he should receive the Combat Medical Badge.  The applicant concludes by stating he noticed the error on (i.e., omission from) his discharge document at the time, but was so excited about going home that he did not do anything about changing the record.  Now, he is 84 years old and requests award of the Combat Medical Badge.

     a.  In his self-authored statement the applicant states there are many books about World War II, he cites The Mortarmen by Michael C_______ that is about the 87th Chemical Mortar Battalion and adds that he is mentioned in the book. 
He also states that there is a paragraph in the book that states the 87th Chemical Mortar Battalion received the French Croix de Guerre and Belgian Fourragere, but adds the awards were made near the end of the war and too late to be entered in his records.

     b.  The applicant states that he wrote a book titled I Remember that is about his Army life, including his more than 300 days of combat medical experience and his treatment of wounded Soldiers on “D-Day” through the surrender by Germany on the fighting field.  He adds that the cover of the book contains a photograph of him in his Army uniform and shows him wearing the Combat Medical Badge.  The applicant also states he wrote another book titled Letters From A Soldier that is a compilation of the letters he sent to his mother during World War II.

     c.  The applicant states that when he landed in France on “D-Day” as a combat medic with the 87th Chemical Mortar Battalion, he treated many wounded Soldiers.  He also states that he was wounded in action while providing medical treatment to the Soldiers.

     d.  The applicant states he was involved in hand-to-hand combat when the German SS [Schutzstaffel] broke through their lines and overran the Soldiers on perimeter and guard duty.  He also states that his unit was staying in houses about one mile from the front lines, the Germans had the house he was staying in surrounded on three sides, the Germans entered the house, and the U.S. Soldiers ran upstairs.  The applicant describes how the Germans fired their machineguns through the ceiling from downstairs and threw hand grenades up the stairs and through the windows.  He states that earlier they had hung blankets on the windows and doors which caused the hand grenades to fall back towards the Germans.  The applicant states that the Germans set fire to the house and the U.S. Soldiers escaped through the rear of the house into the woods.  Eventually, U.S. paratroopers came and retrieved them from the woods behind the house.  The applicant concludes by stating all of this is verified by the battalion historian.

3.  The applicant provides a self-authored statement (undated) and a copy of the cover of his book, I Remember (undated) with a photograph of the applicant.

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 service 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 available evidence contains a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) that shows he enlisted and entered into active service in the Army of the United States on 18 May 1943.  Item 6 (Organization) shows he was assigned to the 87th Chemical Mortar Battalion, Item 30 (Military Occupational Specialty [MOS] and Number) shows he was awarded MOS 409 (Medical Technician), and Item 31 (Military Qualification and Date) contains the entry “Unknown.”  Item 32 (Battles and Campaigns) shows he participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns and Item 33 (Decorations and Citations) shows he was awarded the Purple Heart, Good Conduct Medal, and European-African-Middle Eastern Campaign Medal.  Item 34 (Wounds Received In Action) shows the applicant was wounded in Germany on 18 September 1944.  Item 36 (Service Outside Continental U.S. and Return) shows the applicant departed the U.S. on 31 March 1944, arrived in the European Theater of Operations (ETO) on 6 April 1944, departed the ETO on 31 July 1945, and arrived in the U.S. on 
4 August 1945.  The applicant was honorably discharged on 15 October 1945 for the convenience of the government based on demobilization.  At the time he had completed 1 year and 24 days of continental service; 1 year, 4 months, and 
4 days of foreign service; and 2 years, 4 months, and 28 days longevity for pay purposes.  

4.  The applicant's available military service records contain a WD Form 372A (Final Payment - Work Sheet), dated 15 October 1945.  This document shows he was previously assigned to the 87th Chemical Mortar Battalion.  The "Credits" section of this document, in pertinent part, provides for the identification of amounts due for payment of specialty pays, such as medical badge pay and pay for awards.  This document is absent any entries for medical badge pay or any pay for awards.  In addition, the document shows that the applicant certified this final payment document by affixing his signature to the document.

5.  There is no evidence in the applicant's available military service records that shows he was awarded the Combat Medical Badge.  There is also no evidence that he was awarded the French Croix de Guerre or Belgian Fourragere.


6.  The applicant's military service records contain a copy of National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, Missouri, letter, dated 10 November 2008, that was sent to the applicant in response to his inquiry concerning his awards.  This document shows the NPRC Archive Technician authorized shipment of the following awards to the applicant:  Purple Heart, Good Conduct Medal, Presidential Unit Citation, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 1 silver service star, World War II Victory Medal, and Honorable Service Lapel Button (World War II).  This document also shows the NPRC authorizes shipment of awards; however, the Department of the Army maintains jurisdiction for issuing the actual awards.  This document further shows that no record was found to show that the applicant was authorized the Combat Medical Badge.

7.  A review of the applicant’s available records reveals he may be authorized additional awards that are not shown on his WD AGO Form 53-55.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists, in pertinent part, the unit awards received by units serving in World War II.  This document shows that at the time of the applicant's assignment to the 87th Chemical Mortar Battalion, the unit was credited with an assault landing at Normandy, France, on 6 and 7 June 1944, by War Department, General Orders Number 70 (1945).

9.  Department of the Army Pamphlet 672-1 shows that, at the time of the applicant's assignment to the 87th Chemical Mortar Battalion, the unit was awarded the Distinguished Unit Citation for the period 24 - 26 February 1945 by War Department, General Orders Number 35 (1946).

10.  Department of the Army Pamphlet 672-1 shows that, at the time of the applicant's assignment to 87th Chemical Mortar Battalion, the unit was cited for award of the French Croix de Guerre for the period 6 - 30 June 1944, by Headquarters, Department of the Army, General Orders Number 43 (1950). Additionally, Department of the Army Pamphlet 672-1 shows that, at the time of the applicant's assignment to the 87th Chemical Mortar Battalion, specific companies (i.e., Companies A, C, and D) of the battalion were cited for award of the Citation in the Order of the Day of the Belgian Army.  However, the Medical Detachment, 87th Chemical Mortar Battalion, is not listed as being cited for this foreign unit award.

11.  Department of the Army Pamphlet 672-1 shows that, at the time of the applicant's assignment to the 87th Chemical Mortar Battalion, the unit received credit for the occupation of Germany during the period 2 May to 4 July 1945.

12.  Army Regulation 600-8-22 (Military Awards) 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 for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, 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 the continental United States for an aggregate period of 1 year.

13.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft, as appropriate.  The regulation also specifies, in pertinent part, that the “Arrowhead” device is authorized for wear on the European-African-Middle Eastern Campaign Medal.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the European-African-Middle Eastern Campaign Medal.  This Army regulation also provides that a silver service star is authorized in lieu of five bronze service stars.

15.  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.

16.  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.  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.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

18.  Army Regulation 600-8-22 provides, in pertinent part, 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 French 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.

19.  Army Regulation 600-8-22 provides, in pertinent part, 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 Belgian Fourragere.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.  In addition, information supplied by the Center for Military History shows that, only medical personnel in the organic medical companies of the infantry regiments historically met the requirements for qualifying service for the Combat Medical Badge.

21.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 are not authorized an individual device.  This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William.  As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere, and the Netherlands Orange Lanyard.  

22.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Medical Badge because he received the badge for his service during World War II.  He also contends his records should be corrected to show award of the French Croix de Guerre, and Belgian Fourragere because these unit awards were received by his unit, but not approved until after he was discharged from the Army.

2.  The available evidence fails to show the applicant was awarded the Combat Medical Badge.  Specifically, the applicant’s Final Pay Work Sheet is absent evidence that he was authorized a monthly pay supplement that would offer evidence of award of a medical badge and item 31 of his WD AGO Form 53-55 fails to show award of the Combat Medical Badge.  Therefore, there is insufficient evidence to support the applicant's claim in this instance.

3.  The available evidence shows the applicant was authorized the American Campaign Medal based on an aggregate period of 1 year of service within the continental United States.  Therefore, it would be appropriate to correct his records to show this service medal.

4.  The available evidence shows the applicant was assigned/attached to the Medical Detachment, 87th Chemical Mortar Battalion and credited with service in the ETO from 6 April 1944 to 31 July 1945.  The available evidence also shows the applicant qualified for award of the European-African-Middle Eastern Campaign Medal, participated in a combat assault landing with his unit on 6 and 7 June 1944 at Normandy, France, and participated in 5 campaigns in the ETO.  Therefore, it would be appropriate to correct the applicant's records to show the European-African-Middle Eastern Campaign Medal with "Arrowhead" device and 1 silver service star.

5.  The available evidence shows that the applicant's service qualifies him for award of the World War II Victory Medal.  Therefore, it would be appropriate to correct his records to show award of this service medal.

6.  The available evidence shows the applicant's unit received credit for the occupation of Germany during the period 2 May to 4 July 1945 and that the applicant served a qualifying period of service for the award.  Therefore, it would be appropriate to correct his records to show award of the Army of Occupation Medal with Germany Clasp.

7.  The available evidence shows the applicant's unit was cited for award of the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) for the period 24 - 26 February 1945.  Therefore, is would be appropriate to correct his records to show this unit award.

8.  General Orders awarded the applicant's unit the French Croix de Guerre for the period 6 - 30 June 1944.  Therefore, it would be appropriate to correct his records to show this foreign unit award.  However, the applicant is advised that he is not authorized an individual device for this foreign unit award.

9.  The available evidence fails to show the applicant's unit was cited twice in the Order of the Day of the Belgian Army.  Thus, there is insufficient evidence to support the applicant's claim to the Belgian Fourragere.  As a matter of record, it is also noted that records fail to show the applicant's unit was cited (once) in the Order of the Day of the Belgian Army.  Therefore, there is insufficient evidence to support correction of the applicant’s records to show either the Order of the Day of the Belgian Army or the Belgian Fourragere.

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 item 33 of his WD AGO Form 53-55 the "European African Middle Eastern Theater Campaign Ribbon"; and

     b.  adding to Item 33 of his WD AGO Form 53-55 the “American Campaign Medal, European-African-Middle Eastern Campaign Medal with "Arrowhead" device and 1 silver service star, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, Presidential Unit Citation, and French Croix de Guerre.”

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 the Combat Medical Badge and Order of the Day of the Belgian Army or the Belgian Fourragere.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20090000753



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ABCMR Record of Proceedings (cont)                                         AR20090000753



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