BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100006979 


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:

* Bronze Star Medal
* American Campaign Medal
* World War II Victory Medal
* Belgian Fourragere

2.  The applicant states he was not aware he was entitled to these awards until he made an unrelated inquiry about other awards.  

3.  The applicant provides copies of: 

* a letter, dated 15 June 2009, from the National Personnel Record Center (NRPC), St. Louis, MO
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge)

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.  The records available to the Army Board for Correction of Military Records were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55.  

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army of the United States on 3 December 1942 and entered active duty on 12 February 1943.

4.  The applicant served in the European-African-Middle Eastern Theater from 
10 October 1944 to 4 April 1945.

5.  The applicant was discharged on 29 October 1945 with a Certificate of Disability for Discharge.  He had completed 2 years, 8 months, and 17 days of active honorable service.  The applicant's WD AGO 53-55 also shows in:

* item 6 (Organization) - Company C, 335th Infantry Regiment
* item 31 (Military Qualification and Date) - Combat Infantryman Badge, 
15 December 1944
* item 33 (Decorations and Citations) the Army Good Conduct Medal, the Purple Heart, and the European-African-Middle Eastern Campaign Medal with 2 bronze service stars
* item 37 (Total Length of Service (Continental Service) - 2 years, 
2 months, and 1 day

6.  A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape.  These files show that the applicant received a compound, closed fracture to his leg as a result of artillery shell fragments on 23 February 1945 and that his unit number was 335.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This document shows the 335th Infantry Regiment was awarded the French Croix de Guerre for the period 22-25 December 1944.  There is no indication the unit was awarded the Belgian Fourragere.

8.  The letter, dated 15 June 2009, from NRPC advised the applicant they were authorizing shipment of the following awards.  However, NRPC did not provide any official documents supporting the above awards.

* Bronze Star Medal
* American Campaign Medal
* World War II Victory Medal
* Belgian Fourragere

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.  This 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.

10.  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.  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.

11.  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.  

12.  Army Regulation 600-8-22 states 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.

13.  Army Regulation 600-8-22 provides 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 for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or 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 one year.

14.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service from 7 December 1941 through 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the:

* Bronze Star Medal
* American Campaign Medal
* World War II Victory Medal
* Belgian Fourragere

2.  The applicant was awarded the Combat Infantryman Badge on 20 March 1944.  Therefore, he is entitled to award of the Bronze Star Medal.

3.  The applicant served within the continental United States for more than 1 year between 7 December 1941 and 2 March 1946.  Therefore, he is authorized the American Campaign Medal.

4.  Based on his service during World War II, the applicant is authorized the World War II Victory Medal.

5.  The applicant's WD AGO 53-55 and the SGO files show he was assigned to the 335th Infantry Regiment.  Due to his relatively short period of time in the European-African-Middle Eastern Theater it is reasonable to conclude he was assigned to the 335th Infantry Regiment during the entire period he was in that theater.  Therefore, he would have been assigned to the 335th Infantry Regiment when the unit was awarded the French Croix de Guerre.

6.  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.  However, it would be appropriate to enter in item 55 (Remarks) of the applicant's 
WD AGO 53-55 the following:  "FRENCH CROIX DE GUERRE - UNIT CITATION - NO EMBLEM AUTHORIZED."

7.  There is no substantive evidence to show the applicant's unit was awarded the Belgian Fourragere. 

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 individual concerned be corrected by:

	a.  awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge.

	b.  amending item 33 of his WD AGO Form 53-55 to add the:

* Bronze Star Medal
* American Campaign Medal
* World War II Victory Medal

	c.  amending item 55 of his WD AGO 53-55 to include the following entry:  "FRENCH CROIX DE GUERRE - UNIT CITATION - NO EMBLEM AUTHORIZED."

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 the Belgian Fourragere.  




      _______ _   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)                                         AR20100006979



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ABCMR Record of Proceedings (cont)                                         AR20100006979



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