IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090015422


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 award of the Belgian Fourragere.

2.  The applicant states, in effect, his unit was awarded the Belgian Fourragere for its part in the liberation of Belgium; however, he was never issued the award.

3.  The applicant provides no documentary evidence in support of the application; however, he refers to Belgian Decree Number 1393, dated 10 November 1945, which announced award of the Belgian Fourragere to the 30th Infantry Division.

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 were 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 his records were lost in that fire.  However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.  This case is being considered using the reconstructed record which includes his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 20 March 1943.  He continuously served on active duty until being honorably separated on 20 October 1945 in the rank of sergeant.

4.  The applicant's WD AGO Form 53-55 shows that he served in the European theater of operations (ETO) with Company L, 120th Infantry Regiment, from 25 May 1944 through 17 August 1945.  Item 32 (Battles and Campaigns) shows he participated in the Northern France, Normandy, Rhineland, and Central Europe campaigns of World War II.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he earned the following awards:  European-African-Middle Eastern (EAME) Campaign Medal with four bronze service stars, two overseas service bars, Army Good Conduct Medal, Purple Heart with 1st Oak Leaf Cluster (2nd Award), Combat Infantryman Badge (CIB), Expert Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM).  Paragraph 3-13d(2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose an award of the CIB is considered as a citation in orders.

7.  Paragraph 5-10 of Army Regulation 600-8-22 provides guidance on the Army of Occupation Medal and states, in pertinent part, that it is authorized for 30 consecutive days of service while assigned to a qualifying area.  The award is authorized for service in Germany between 9 May 1945 and 5 May 1955.

8.  Paragraph 5-11 of Army Regulation 600-8-22 contains guidance on the World War II Victory Medal and states, in pertinent part, that it is awarded for service performed between 7 December 1941 and 31 December 1946.

9.  Paragraph 5-12 of Army Regulation 600-8-22 contains guidance on the EAME Campaign Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO and a silver service star is used in lieu of five bronze service stars to denote participation in five campaigns.

10.  Paragraph 9-18 of Army Regulation 600-8-22 provides guidance for award of the Belgian Fourragere.  It states that it is 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 Fourragere is not automatic but must be by specific decree of the Belgian Government.

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register - World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It confirms that during the applicant's tenure of assignment in the ETO, his unit (120th Infantry Regiment, 30th Infantry Division) was awarded the Belgian Fourragere by Department of the Army General Order Number 43-50 and received occupation credit for Germany.  It also shows his unit was cited for the award of the French Croix de Guerre in Department of the Army General Order Number 14-50.  His unit was further credited with participation the Ardennes-Alsace campaign in addition to the four campaigns already identified in his WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  Absent any evidence or indication to the contrary, it is reasonable to err in favor of the applicant and presume he was present and participated with his unit (120th Infantry Regiment, 130th Infantry Division) in the campaigns and occupation of Germany identified in the World War II Register and that he is eligible to receive the awards earned by the unit during this period.  Therefore, it would be appropriate to show that based on his service and campaign participation in the ETO, he is eligible for the Belgian Fourragere, Army of Occupation Medal with Germany Clasp, and one silver service star with his EAME Campaign Medal.

2.  By regulation, members who received the CIB during World War II were eligible to be awarded the BSM.  As a result, it would be appropriate to award the applicant the BSM based on his receipt of the CIB while serving in the ETO and to add this award to his WD AGO Form 53-55 at this time.

3.  Further, based on the applicant's active duty service during the qualifying period, he is also eligible for the World War II Victory Medal, which should also be added to his WD AGO Form 53-55.  

4.  The applicant’s unit was cited once for award of the French Croix de Guerre Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation.

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 him the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy in the ETO between 25 May 1944 and 17 August 1945;

	b.  amending item 32 of his WD AGO Form 53-55 by adding the "Ardennes-Alsace" campaign;

	c.  amending item 33 of his WD AGO Form 53-55 by deleting the battle stars portion of the European-African-Middle Eastern Campaign Medal entry and replacing it with "one silver service star" and adding the Bronze Star Medal, Belgian Fourragere, Army of Occupation Medal with Germany Clasp, and World War II Victory Medal;

	d.  adding the entry "French Croix de Guerre Unit Citation – No Emblem Authorized" to item 55 (Remarks) of his WD AGO Form 53-55; and
	e.  providing him a correction to his WD AGO Form 53-55 that reflects these changes.




      ___________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)                                         AR20090015422



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ABCMR Record of Proceedings (cont)                                         AR20090015422



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