BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20090009865 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragere, the European-African-Middle Eastern (EAME) Campaign Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp, the Good Conduct Medal, the American Defense Service Medal, the American Campaign Medal, the World War II Victory Medal, and the Honorable Service Lapel Button. 

2.  The applicant states that his discharge does not include all of the medals he earned.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a letter dated 15 May 2009 from the National Personnel Records Center in St. Louis, Missouri in support of his 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 on 26 March 1941.  He served in the European Theater of Operations from 29 January 1944 through 12 October 1945 and was honorably discharged on 29 October 1945.

4.  Item 6 (Organization) on the applicant's WD AGO Form 53-55 shows he was assigned to Troop A, 113th Cavalry Reconnaissance Squadron.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he participated in four battles and campaigns (Normandy, Northern France, Rhineland, and Central Europe).  Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows the Good Conduct Medal as an authorized award.  Item 55 (Remarks) on his WD AGO Form 53-55 shows the American Defense Service Medal and three awards of the Overseas Service Bar as authorized awards.  This item also shows the Honorable Service Lapel Button was issued.  His WD AGO Form 53-55 also shows that he served 2 years, 10 months, and 1 day of continental service.  Since the Good Conduct Medal, the American Defense Service Medal, and the Honorable Service Lapel Button are shown on the applicant's WD AGO 
Form 53-55, this portion of the applicant's request will not be discussed further in these proceedings. 

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 113th Cavalry Reconnaissance Squadron was cited twice in the Order of the Day of the Belgian Army (5-8 September 1944 and on 11 September 1944) on Department of the Army General Orders Number 43, dated 1950.    

6.  Department of the Army Pamphlet 672-1 shows the 113th Cavalry Reconnaissance Squadron received occupation credit for Germany for the period 
2 May 1945 to 19 September 1945.

7.  Army Regulation 600-8-22 (Military Awards) 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 Fourragere.

8.  Army Regulation 600-8-22, in pertinent part, authorizes award of the EAME Campaign Medal for qualifying service in the EAME Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also 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.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.  

9.  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.

10.  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 the continental United States, 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.

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.

DISCUSSION AND CONCLUSIONS:

1.  The 113th Cavalry Reconnaissance Squadron was cited twice in the Order of the Day of the Belgian Army while the applicant was assigned to it.  Therefore, his WD AGO Form 53-55 should be corrected to show the Belgian Fourragere.  
2.  Based on the applicant's service in the European Theater of Operations and participation in four battles and campaigns during World War II, he is eligible for the EAME Campaign Medal with four bronze service stars.

3.  The 113th Cavalry Reconnaissance Squadron received occupation credit for Germany which entitles the applicant to award of the Army of Occupation Medal with Germany Clasp.    

4.  The applicant served a period of qualifying service for award of the American Campaign Medal based on active duty service within the continental United States for an aggregate period of 1 year between 26 March 1941 and
29 October 1945.

5.  The applicant served a period of qualifying service for award of the World War II Victory Medal.  

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 adding the Belgian Fourragere, the EAME with four bronze service stars, the Army of Occupation Medal with Germany Clasp, the American Campaign Medal, and the World War II Victory Medal on his WD AGO Form 53-55.  



      _______ _   _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)                                         AR20090009865





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ABCMR Record of Proceedings (cont)                                         AR20090009865



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