IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100021675 


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 record to show award of the Silver Star, Presidential Unit Citation (formerly known as the Distinguished Unit Citation), Belgian Fourragere, and the European-African-Middle Eastern Campaign Medal with three bronze service stars instead of one bronze service star.  In addition, the applicant requests the medals/citations be mailed to him after his father's record is corrected.

2.  The applicant states general orders awarded his father the Silver Star and his unit was cited for award of the Presidential Unit Citation and the Belgian Fourragere which were never received.  His father served in three campaigns and he should receive three bronze service stars.  The awards were not included with the initial National Personnel Records Center (NPRC) response.

3.  The applicant provides:

* his Certification of Birth
* Baptismal certificate
* the FSM's Report of Death
* two orders
* three letters from the NPRC
* a computer printout showing campaign dates


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's reconstructed record shows he entered active service on 30 March 1944 and he served in the Army as an infantryman.  The available records do not show the date he departed the United States or the date he arrived in the European Theater of Operation (ETO).  He was killed in action on 18 December 1944 while serving in the ETO.  He was assigned to K Company, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division.

4.  General Order Number 17, issued by Headquarters, 2nd Infantry Division, dated 16 February 1945, posthumously awarded the FSM the Silver Star for gallantry in action on 17 December 1944.  The award citation states, in part, "By his heroic and self-sacrificing decision to hold his position at all costs, the remaining platoon and company safely withdrew."

5.  War Department General Orders (WDGO) Number 58, dated 19 July 1945, awarded the 3rd Battalion, 23rd Infantry Regiment the Presidential Unit Citation for the period 17 - 18 December 1944.

6.  Department of the Army General Orders (DAGO) Number 43, dated 1950, awarded the Belgian Fourragere to the 23rd Infantry Regiment for the periods
13 - 19 December 1944 and 19 - 30 December 1944. 


7.  The applicant provides a letter from the NPRC, dated 15 July 2010, wherein they state they authorized shipment of the following awards for the FSM:

* Bronze Star Medal
* Purple Heart
* European-African-Middle Eastern Campaign Medal with one bronze service star
* World War II Victory Medal
* Combat Infantryman Badge (1st Award)
* Honorable Service Lapel Button World War II

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.  The Belgian Fourragere may be awarded 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.

9.  Army Regulation 600-8-22, paragraph 5-3, contains the regulatory guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 23rd Infantry Regiment received campaign credit for the Ardennes-Alsace Campaign during the period 16 December 1944 - 25 January 1945.

DISCUSSION AND CONCLUSIONS:

1.  The available records show general orders awarded the FSM the Silver Star.  Therefore, the FSM's records should be corrected to show this award.

2.  The 23rd Infantry Regiment was cited twice in the Order of the Day of the Belgian Army.  However, the FSM only participated during the first citation period for which the unit was eventually cited for award of the Belgian Fourragere.  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 records to show this citation.  Therefore, the FSM's records should be corrected accordingly.


3.  With respect to the award of three bronze service stars, there is no evidence in the FSM's reconstructed record and the applicant did not provide any conclusive evidence that shows the dates the FSM served in the ETO.  In the absence of documentary evidence, there is no basis for correcting the FSM's record to show any additional bronze service stars to be affixed on the FSM's already-awarded European-African-Middle Eastern Campaign Medal with one bronze service star.

4.  The ABCMR corrects records; the Board does not issue medals or badges. Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency.  Foreign awards are not issued or sold by the Department of the Army, but may be purchased from civilian dealers in military insignia.  For Army personnel, requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the NPRC. 

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.  publishing an appropriate document to show award of the:

* Silver Star
* Presidential Unit Citation
* Belgian Fourragere - Unit Citation - No Emblem Authorized

b.  Issuing the Silver Star Medal 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 adding any additional bronze service stars to the FSM's already-awarded European-African-Middle Eastern Campaign Medal with one bronze service star.



      _______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)                                         AR20100021675



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ABCMR Record of Proceedings (cont)                                         AR20100021675



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