IN THE CASE OF:	

		BOARD DATE:	21 July 2009    

		DOCKET NUMBER:  AR20090004023 


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 the deceased former service member (FSM), requests correction of the FSM's records to show award of the French Fourragere, a silver service star on his European-African-Middle Eastern Service Medal, Army of Occupation Medal with Germany Clasp, and the National Defense Service Medal.  He also requests correction of the FSM's WD AGO Form 53-98 to show the Ardennes-Alsace campaign. 

2.  The applicant states that the FSM was part of the 314th Infantry Regiment, 79th Infantry Division, from early 1944 until his discharge from active duty on 
18 February 1946.  He should have received credit for five service campaigns including the Ardennes-Alsace campaign, the French Fourragere, and the Army of Occupation Medal with Germany Clasp.  He also served during the Korean War period and should have received the National Defense Service Medal. 

3.  The applicant provides, in support of his application, copies of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation, Certificate of Service); WD AGO Form 100 (Separation Qualification Record); DD Form 214 (Report of Separation from the Armed Forces of the United States); DD Form 256A (Honorable Discharge Certificate); General Orders Number 4, 314th Infantry Regiment, awarding the FSM the Combat Infantryman Badge;  DA Pamphlet 672-1, pages 2 and 252; General Orders 43, dated in 1950; National Personnel Records Center Letter, dated 17 October 2008; FSM's Certificate of Death; and selected unit morning reports for Companies K and I from 9 July 1944 to 27 January 1945.  

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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The FSM served on active duty as an enlisted Soldier for a period of approximately 8 months from 16 October 1942 to 13 June 1943.  His records for this period of service, to include his separation documents, are not available for review.

4.  The FSM's WD AGO Form 53-98 shows:

	a.  that the FSM entered active duty as a commissioned officer on 
14 June 1943;

	b.  that the FSM was assigned to the 3rd Battalion, 314th Infantry Regiment, 79th Infantry Division;

	c.  that the FSM participated in the Central Europe, Normandy, Northern France and the Rhineland Campaigns (it does not show the Ardennes-Alsace campaign);

	d.  that the FSM was wounded in action three times; 

	e.  that the FSM served in the European Theater from 23 May 1944 to 
30 November 1945;

	f.  that the FSM was awarded the Silver Star, Purple Heart with two Oak Leaf Clusters, Distinguished Unit Badge [now known as the Presidential Unit Citation], Combat Infantryman Badge, American Campaign Service Medal, and the European-African-Middle Eastern Service Medal (now known as the European-African-Middle Eastern Campaign Medal); and

	g.  that the FSM was separated from active duty on 18 February 1946 in the rank of captain.

5.  The Morning Report for Company K, 314th Infantry Regiment, dated 9 July 1944, reports that the FSM was assigned and joined to the unit effective 8 July 1944.  The Morning Report for Company I, 314th Infantry Regiment, dated 
29 October 1944, reports that the FSM was assigned and joined as of 
25 October 1944 as Company Commander.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication shows that the 314th Infantry Regiment, during the time of the FSM's assignment, participated in five campaigns, the Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland.  It also received occupation credit for Germany.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the European-African-Middle Eastern Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

8.  Army Regulation 600-8-22 states 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, 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.

9.  Department of the Army Pamphlet 672-1 also shows that the 314th Infantry Regiment was cited twice for award of the French Croix de Guerre, for the periods 19 June to 27 August 1944 and 21 to 24 November 1944.  

10.  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. 

11.  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.

12.  The FSM's DD Form 214, dated 4 April 1952 shows:

	a.  that the FSM was ordered to active duty effective 6 November 1950 as an infantry captain;

	b.  that the FSM served 1 year, 4 months, and 29 days of active duty during this period;

	c.  that the FSM did not serve any foreign service during this period;

	d.  that the FSM was released from active duty on 4 April 1952; and

	e.  that his awards are "None."

13.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show award of the French Fourragere, a silver service star on his European-African-Middle Eastern Service Medal, Army of Occupation Medal with Germany Clasp, and the National Defense Service Medal.  He also contends that the Ardennes-Alsace campaign should be added to the FSM's WD AGO Form 53-98.

2.  Records clearly show that the FSM served with the 314th Infantry Regiment and participated in five campaigns, including the Ardennes-Alsace.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

3.  Records show that the FSM's unit was cited twice for award of the French Croix de Guerre.  Therefore, his WD AGO Form 53-98 should be corrected to show award of the French Fourragere.

4.  Records show that the FSM's unit was authorized award of the Army of Occupation Medal with Germany Clasp.  Therefore, his WD AGO Form 53-98 should be corrected to show this award.

5.  Records show that the FSM was awarded the Combat Infantryman Badge for service during World War II.  Therefore, he should be awarded the Bronze Star Medal.

6.  Records show that the FSM served during a qualifying period for award of the World War II Victory Medal.  Therefore, this award should be shown on his WD AGO Form 53-98.

7.  Records show that the FSM served during a qualifying period for award of the National Defense Service Medal.  Therefore, this award should be shown on his DD Form 214.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the FSM the Bronze Star Medal based on his award of the Combat Infantryman Badge;
   
   b.  adding to Item 28 (Battles and Campaigns) of the FSM's WD AGO Form 53-98:  Ardennes-Alsace; 

	c.  showing that, in addition to the awards shown on his WD AGO Form 
53-98, his authorized awards include the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, a silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal, World War II Victory Medal and the French Fourragere; and

	d.  showing on his DD Form 214 that he is authorized the National Defense Service 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)                                         AR20090004023



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ABCMR Record of Proceedings (cont)                                         AR20090004023



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