IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100017381 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), American Campaign Medal, and Belgian Fourragere. 

2.  The applicant states:

* His father is authorized receipt of the Bronze Star Medal based on the Combat Infantryman Badge
* His father qualifies for the American Campaign Medal based on his service in the continental United States from 7 March 1944 to                         20 September 1944 and from 27 April 1945 to 21 October 1945
* His father is entitled to the Belgian Fourragere since his unit (117th Infantry Regiment) was cited for this unit award for actions during the period 17-27 January 1945
* His father served in combat and was subsequently wounded with Company L, 117th Infantry Regiment, 30th Infantry Division in Belgium during World War II  

3.  The applicant provides:

* Death certificate
* Letter, dated 11 June 2010, to the National Personnel Records Center, St. Louis, Missouri with attachments
* WD AGO Form 53-55
* Certification of Military Service
* Excerpts from Army Regulation 600-8-22 (Military Awards) pertaining to the Bronze Star Medal and American Campaign Medal
* Page 170 of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) 

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 FSM'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 FSM'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 FSM was inducted into the Army of the United States on 7 March 1944.  He served as a mortar gunner in the European theater of operations from 
26 September 1944 through 19 April 1945.  He was honorably discharged on 21 October 1945.

4.  Item 6 (Organization) of the FSM's WD AGO Form 53-55 shows he was assigned to Company L, 117th Infantry of the 30th Infantry Division.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with two bronze service stars, Good Conduct Medal, Combat Infantryman Badge, and Purple Heart as authorized awards.  His WD AGO Form 53-55 also shows he served 1 year and 7 days of continental service.


5.  Department of the Army Pamphlet 672-1 shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the 117th Infantry Regiment, 30th Infantry Division was cited twice in the Order of the Day of the Belgian Army (4-10 September 1944 and 17-27 January 1945) on Department of the Army General Orders Number 43, dated 1950.    
  
6.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that 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.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

7.  Army Regulation 600-8-22 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 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.

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

2.  The FSM 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 7 March 1944 and
21 October 1945.  Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

3.  The FSM's unit, 117th Infantry Regiment, was cited twice (4-10 September 1944 and 17-27 January 1945) in the Order of the Day of the Belgian Army.  However, he arrived in the European theater of operations on 26 September 1944.  Since the FSM was present in only one action (17-27 January 1945) he is not authorized to wear the Belgian Fourragere.  However, his WD AGO Form
53-55 should be amended to show his unit was cited once in the Order of the Day of the Belgian Army.    

4.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this medal should be added to his WD AGO Form 
53-55.

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.  adding the Bronze Star Medal, American Campaign Medal, and World War II Victory Medal to item 33 of his WD AGO Form 53-55; and


   b.  amending item 55 (Remarks) of his WD AGO Form 53-55 to add the entry "Belgian Citation in the Order of the Day – 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 award of 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)                                         AR20100017381





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ABCMR Record of Proceedings (cont)                                         AR20100017381



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