IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100013405 


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 a deceased former service member (FSM), requests correction of his father's records to show the following:

* Legion of Merit
* two awards of the Purple Heart
* Belgium-American World War II (WWII) Medal
* Army Lapel Button
* Army Commendation Medal 
* Meritorious Unit Citation
* Belgian WWII Medal
* French Croix de Guerre

2.  The applicant further requests to receive the FSM's medals.

3.  The applicant states the FSM helped liberate the French people at Normandy and he is entitled to the Legion of Merit.  He contends the FSM was wounded in Normandy and again at the Battle of the Bulge which entitles him to two awards of the Purple Heart and the Belgium-American WWII Medal.  

4.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge); two letters addressed to the National Personnel Records Center (NPRC), a letter from the U.S. Army Human Resources Command, and birth and death certificates.

5.  The applicant indicated a photograph of the FSM was provided for the purpose of identifying the FSM's shoulder patch.  However, the photograph has not been received.

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 requests that he be issued the medals and/or awards the FSM earned for his active service, including the Army Lapel Button; however, service medals and awards are not issued by the ABCMR.  The applicant may obtain the medals by submitting a request in writing to the:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant also requests that the FSM's records be corrected to show the Belgium-American WWII Medal and the Belgian WWII Medal.  However, these awards are not identified in Army Regulation 600-8-22 (Military Awards).  Therefore, this portion of his request will not be further addressed in this Record of Proceedings.

4.  The FSM's military records are not available for review.  A fire destroyed approximately 18 million service member's records at the NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant.

5.  The FSM's WD AGO Form 53-55 indicates that:

	a.  he enlisted in the Regular Army on 19 December 1940;

	b.  he arrived in the European Theater of Operations (ETO) on 17 December 1943 and departed the ETO on 19 May 1945;
	c.  he was assigned to Company B, 28th Infantry Regiment;

	d.  he participated in the Normandy, Northern France, and Rhineland campaigns and he was awarded the European-African-Middle Eastern (EAME) Campaign Medal and the American Defense Service Medal; 

	e.  his military qualifications include the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1);

	f.  he was wounded in action in Northern France on 9 July 1944; and 

	g.  he was honorably discharged on 1 September 1945.

6.  There is no evidence the FSM was awarded the Legion of Merit, the Army Commendation Medal, or that he was wounded in action on two occasions. 

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

	a.  the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	c.  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.

	d.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

	f.  a bronze service star is authorized for wear on the EAME Campaign Medal for participation in each campaign.

	g.  the WW II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	h.  the American 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.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in WWII.  This document shows the 28th Infantry Regiment was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May - 4 July 1945.  This pamphlet also shows the 1st Battalion, 28th Infantry Regiment was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 26 - 27 July 1944.  Previous coordination with the Center of Military History confirmed that B Company was part of the 1st Battalion, 28th Infantry Regiment.  

9.  There is no evidence showing the FSM's unit was cited for awards of the Meritorious Unit Citation, the French Croix de Guerre or any other foreign unit awards.  

10.  Title 10 of the U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 shows he was wounded in action in Northern France on 9 July 1944.  There is no evidence showing he was wounded a second time during WWII.  Therefore, his WD AGO Form 53-55 should be corrected to show one award of the Purple Heart.

2.  Based on award of the Combat Infantryman Badge, the FSM met the criteria for award of the Bronze Star Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

3.  The FSM was awarded the EAME Campaign Medal.  Additionally, he participated in three campaigns while in the ETO.  Therefore, the FSM's 
WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with three bronze service stars.

4.  The FSM served a period of qualifying service for award of the WWII Victory Medal and the American Campaign Medal.  His WD AGO Form 53-55 should also be corrected to show these awards.

5.  Based on his service with the 28th Infantry Regiment, the FSM's WD AGO Form 53-55 should further be corrected to show the Army of Occupation Medal with Germany Clasp and the Presidential Unit Citation.

6.  There is no evidence showing the FSM's unit was cited for award of the Meritorious Unit Citation, the French Croix de Guerre or any other foreign unit award.  As a result this portion of the applicant's request should be denied.

7.  There is no evidence of record showing the FSM was recommended for or awarded the Legion of Merit or the Army Commendation Medal.  While the available evidence is insufficient for awarding the FSM these awards, this in no way affects the applicant's right to pursue the awards under the provisions of Title 10, U.S. Code, section 1130.  

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 the FSM the Bronze Star Medal based upon award of the Combat Infantryman Badge;

	b.  deleting from item 34 (Decorations and Citations) of the FSM's WD AGO Form 53-55 the EAME Campaign Medal; and

	c.  adding to item 34 of the FSM's WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, EAME Campaign Medal with three bronze service stars, WWII Victory Medal, American Campaign Medal, the Army of Occupation Medal with Germany Clasp, and the Presidential Unit Citation.

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 correcting the FSM's records by adding a second award of the Purple Heart, Legion of Merit, Army Commendation Medal, Meritorious Unit Citation, and the French Croix de Guerre.



      _________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)                                         AR20100013405



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ABCMR Record of Proceedings (cont)                                         AR20100013405



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