IN THE CASE OF:	

		BOARD DATE:	01 October 2009  

		DOCKET NUMBER:  AR20090006968 


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 late father, a former service member (FSM), be awarded the Bronze Star Medal based on his award of the Combat Infantryman Badge and its addition to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states, in effect, as the next of kin of the FSM, he just became aware of his father's entitlement to award of the Bronze Star Medal under the provisions of Army Regulation 600-8-22 (Military Awards), paragraph 3-13d.

3.  In support of his application, the applicant provides copies of the FSM's WD AGO Form 53-55, Separation Qualification Record, and death certificate.  The applicant also submits a copy of his birth certificate.

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 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, documents submitted by the applicant were sufficient for a fair and impartial review of this case.

3.  The FSM's military records show that he was inducted into the Army of the United States in pay grade E-1 on 8 December 1942 and entered on active duty on 15 December 1942.  He completed training and was assigned military occupational specialty 604 (light machine gunner).  The FSM served overseas in the European theater of operations from 17 January 1945 to 5 September 1945 with Company A, 134th Infantry Regiment.

4.  The FSM was honorably discharged from active duty on demobilization in the rank of private first class on 16 November 1945.

5.  Entries on the FSM's WD AGO Form 53-55 in item 31 (Military Qualification and Date) list the following awards:  the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 32 (Battles and Campaigns) lists the following:  Central Europe and Rhineland.  Item 33 (Decorations and Citations) lists the following awards:  the American Service Medal [sic], the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal, and the Army Good Conduct Medal.  Item 55 (Remarks) lists the Honorable Service Lapel Button, World War II.

6.  Army Regulation 600-8-22 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 was 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 was considered to be a citation in orders.  That meant, in effect, that the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the FSM's unit was cited for award of the French Croix de Guerre by Department of Army General Orders 43, dated 1950.  The FSM's unit was also awarded occupation credit for the occupation of Germany from 2 May 1945 to 27 December 1945.  He is therefore entitled to these awards.

8.  Army Regulation 600-8-22 further 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.  Award of the fourragere is not automatic and requires a decree by the French Government; 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.  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.

10.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of the regulation or listed in item 32 of the WD AGO Form 53-55.  The 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the FSM was awarded the Combat Infantryman Badge.  The FSM is eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge for his service during World War II.  Therefore, it would be appropriate to correct his records to show award of the Bronze Star Medal.

2.  The FSM was a member of the 134th Infantry Regiment when it was cited for award of the French Croix de Guerre.  In accordance with pertinent regulations, members of units cited only once for award of the French Croix de Guerre as confirmed by War Department or Department of the Army General orders, are entitled to entry on their discharge documents to show this citation in spite of the fact that they are not authorized to wear a ribbon, fourragere, medal, or other devise based on a one-time citation.  Therefore, the FSM is also entitled to correction of his WD AGO Form 53-55, item 55, to show the unit citation of the French Croix de Guerre with the following entry, "French Croix de Guerre-Unit Citation-No Emblem Authorized."

3.  The evidence further shows the FSM is entitled to award of the Army of Occupation Medal with Germany Clasp and two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.  Therefore, his records should be corrected to show these awards.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 applicant's late father, a FSM, be corrected:

	a.  by awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  adding the Bronze Star Medal, the Army of Occupation Medal with Germany Clasp, and two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal to item 31 of the FSM's WD AGO Form 53-55;

	c.  by amending item 55 of the FSM's WD AGO Form 53-55 by adding the following entry, "French Croix de Guerre-Unit Citation-No Emblem Authorized"; and

	d.  by providing the applicant a corrected separation document that shows these awards and correction.



      ____________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)                                         AR20090006968



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ABCMR Record of Proceedings (cont)                                         AR20090006968



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