IN THE CASE OF:	  

		BOARD DATE:	     1 JULY 2009

		DOCKET NUMBER:  AR20090001763 


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, as the son of the deceased former service member (FSM), requests, in effect, correction of his late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 17 May 1946 to show award of the Bronze Star Medal, Purple Heart, Army of Occupation Medal with Germany Clasp, Presidential Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

2.  The applicant states, in effect:

	a.  that the FSM served with K Company, 30th Infantry Regiment, 3rd Infantry Division in the European Theater of Operations and he should be awarded the Presidential Unit Citation and the Army of Occupation Medal with Germany Clasp;

	b.  that the FSM was awarded the Combat Infantryman Badge and that he should be awarded the Bronze Star Medal based on award of the Combat Infantryman Badge;

	c.   that the FSM apparently had shrapnel in his leg and he should be awarded the Purple Heart.  He further states that the FSM qualified for award of the Sharpshooter Marksmanship Qualification Badge which should be added to the FSM's WD AGO Form 53-55, in addition to the above awards;

	
	d.  that the FSM was awarded the French Croix de Guerre with Bronze Star.  He further states "My basic question here is the Croix de Guerre.  Understanding that the 3rd Infantry Division was awarded this citation, it is listed as it was a personnel decoration.  It also says with one bronze star.  Does that mean he [FSM] won a Bronze Star during this engagement?"

3.  The applicant provides the FSM's WD AGO Form 53-55; Army of the United States Honorable Discharge Certificate, dated 17 May 1946; WD AGO Form Number 20 (Soldier's Qualification Card); a State of Tennessee Certificate of Live Birth, dated 9 March 1955; and a certified State of Mississippi Certificate of Death, issued on 21 January 2009.

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 requested that the Sharpshooter Marksmanship Qualification Badge with Rifle Bar be added to the FSM's WD AGO Form 53-55.  The FSM's WD AGO Form 53-55 currently shows in item 31 (Military Qualifications and Date (i.e., infantry, aviation, and marksmanship badges, etc.)) the FSM was awarded the "SS-R-Sep44" which relates to the weapons qualification badge in question.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The FSM’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 FSM’s records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of the FSM's WD AGO Form
53-55, a WD AGO Form Number 20, and an Army of the United States Honorable Discharge Certificate, dated 17 May 1946.    

4.  The FSM’s WD AGO Form 53-55 for the period ending 17 May 1946 shows he was inducted and entered active service on 4 August 1944.  On 24 January 1945, he departed the United States for duty in the European-African-Middle Eastern Theater of Operations (EAMETO).  He arrived in the EAMETO on
31 January 1945 and he was assigned to K Company, 30th Infantry Regiment, 3rd Infantry Division.  On 6 March 1946, the FSM was reassigned to B Battery, 379th Anti-Aircraft Automatic Weapons Battalion.  

5.  The FSM departed the EAMETO on an unknown date and he arrived in the United States on 11 May 1946.  He was subsequently honorably discharged on 17 May 1946.

6.  Item 31 of the FSM WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge in March 1945.  Item 33 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, Air Medal, American Theater Campaign Medal, French Croix de Guerre with Bronze Star, and World War II Victory Medal.  Item 32 (Battles and Campaigns) shows the FSM participated in the Rhineland and Central Europe campaigns.

7.  There are no General Orders in the FSM's records that show he was awarded the Purple Heart.

8.  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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  
10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that 
the 30th Infantry Regiment, 3rd Infantry Division was awarded the Distinguished Unit Citation (currently known as the Presidential Unit Citation) for the period 
22 January 1945 through 6 February 1945.

11.  Department of the Army Pamphlet 672-1 shows that the 30th Infantry Regiment, 3rd Infantry Division was awarded the Army of Occupation Medal with Germany Clasp for the period 15 August 1945 through 31 October 1945.

12.  Department of the Army Pamphlet 672-1 shows that the 30th Infantry Regiment, 3rd Infantry Division was citied once for the French Croix de Guerre for the period 15 August 1944 through 6 February 1945.  There is no emblem authorized for one citation of the award.  However, if a unit is cited more than once for the French Croix de Guerre, it is awarded the French Fourragere.

13.  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.  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.

14.  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.  

15.  The Croix de Guerre was created by a law of 2 April 1915, proposed by Deputy Émile Briant.  The Croix de Guerre reinstated an older system of mentions in dispatches, which were only administrative honors with no medal.  

The French Croix de Guerre represents a mention in dispatches awarded by a commanding officer, at least a regimental commander.  Depending on the officer who issued the mention, the ribbon of the Croix de Guerre is marked with extra pins.  Mentioned in the dispatches are:

	a.  bronze star, for those who had been mentioned at the regiment or brigade level;  
	
   b.  silver star, for those who had been mentioned at the division level;
	
   c.  silver gilt star for those who had been mentioned at the corps level; 
	
   d.  bronze palm for those who had been mentioned at the army level; 
	
   e.  silver palm stands for five bronze palms; and 
	
   f.  silver gilt palm for those who had been mentioned at the Free French Forces level (World War II only). 

16.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the FSM received the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy, which makes him eligible for award of the Bronze Star Medal.  Therefore, the FSM's records should be corrected to show this award.

2.  Evidence of record shows that the FSM was assigned to the 30th Infantry Regiment, 3rd Infantry Division during a period of time the unit was awarded the Presidential Unit Citation and the Army of Occupation Medal with Germany Clasp.  He was also credited with participation in two campaigns which meets the eligibility criteria for two bronze service stars to be affixed on the European-African-Middle Eastern Campaign Medal.  Therefore, the FSM's WD AGO Form 53-55 should be amended to reflect these awards.

3.  The applicant inquired whether the French Croix de Guerre with Bronze Star was a unit or personnel award.  Department of the Army Pamphlet 672-1 indicates that the FSM's regiment was citied once for the French Croix de Guerre 

with Bronze Star [bronze star indicates awarded at regiment or brigade level].  In accordance with the U.S. Army Military Personnel Center 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 it shows that there was 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.  Therefore, the Croix de Guerre with Bronze Star is considered a unit award that is not authorized an individual device.

4.  There are no orders in the FSM's available records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows the FSM's injury was a result of hostile action.  Regrettably, in the absence of military records which show the FSM was injured as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case.

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.  deleting from item 33 of the FSM's WD AGO 53-55 the European-African-Middle Eastern Theater of Operations Ribbon;

	b.  awarding the FSM the Bronze Star Medal (based on award of the Combat Infantryman Badge); and 

	c.  adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal, Presidential Unit Citation, Army of Occupation Medal with Germany Clasp, and European-African-Middle Eastern Campaign Medal with two bronze service stars.
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 Purple Heart.



      __________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)                                         AR20090001763



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ABCMR Record of Proceedings (cont)                                         AR20090001763



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