IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20100029640
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 daughter of a deceased former service member (FSM), requests correction of her father's records to show award of the Belgian Fourragere.
2. The applicant states that her father was assigned to the 740th Anti-Aircraft Artillery (AAA) Gun Battalion and was a part of the "Antwerp X" mission during World War II.
3. The applicant provides:
* One-page self-authored letter
* legal documents showing her as a proper applicant
* unit commendation letter from the commanding general
* Belgium Fourragere award translation
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM was inducted into the Army of the United States on 18 February 1943 and entered active duty on 25 February 1943. He served in the European theater of operations from 22 February 1944 through 25 November 1945 and was honorably discharged on 7 December 1945.
3. The FSM's records show he served in Belgium on three occasions during the periods 22 October 1944 through 6 February 1945, 10 February 1945 through 14 May 1945, and 16 August 1945 through 16 October 1945.
4. The FSMs WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) does not show the Belgian Fourragere as an authorized award. It does show he was awarded the European-African-Middle Eastern Service Medal (now known as the European-African-Middle Eastern Campaign Medal), the Army Good Conduct Medal, and the World War II Victory Medal. It also shows he participated in four campaigns.
5. During the processing of this case, a member of the Board staff reviewed the 740th AAA Gun Battalion unit history. Documents show the 740th AAA Gun Battalion was cited twice in the Order of the Day of the Belgian Army for the Belgian Fourragere.
6. The applicant provided a copy of the translation which shows the 740th AAA Gun Battalion was cited twice in the Order of the Day of the Belgian Army for award of the Belgian Fourragere. The first citation was given on 22 November 1944 and the second citation was given on 16 December 1944.
7. The applicant provided a copy of the letter from the commanding general commending the 740th AAA Gun Battalion for their service during the "Antwerp X" mission.
8. The applicant provided a one-page, self-authored letter which states the FSM's Army buddy encouraged her to apply for the Belgian Fourragere on behalf of her father.
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 also states that a bronze service star is worn on the appropriate service medal, to include the European-African-Middle Eastern Campaign Medal, for each campaign participation credit.
DISCUSSION AND CONCLUSIONS:
1. The applicant request for correction of the FSM's records to show award of the Belgium Fourragere was carefully considered and was found to have merit.
2. Army Regulation 600-8-22 provides that the Belgian Fourragere 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 740th AAA Gun Battalion was cited twice during the FSM's tenure; therefore, it is appropriate to correct the FSM's records to show award of the Belgian Fourragere.
3. The FSM's records should also be corrected to show he was authorized to wear four bronze service stars on the European-African-Middle Eastern Campaign Medal.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the Belgian Fourragere to the FSM's WD AGO Form 53-55 and by adding four bronze service stars for wear on the European-African-Middle Eastern Campaign Medal.
_______ _ 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) AR20100029640
2
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