IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110000452 


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 Meritorious Unit Commendation (MUC), Presidential Unit Citation (PUC) (formerly known as the Distinguished Unit Citation), Prisoner of War Medal (POW), and French Liberation Medal on behalf of her deceased husband, a former service member (FSM).

2.  She states:

* The MUC was awarded to the 253rd Infantry Regiment after the FSM was discharged
* The MUC is on the 63rd Infantry Division's website
* He was a POW for 2 days
* He was assigned to a unit that was authorized the PUC and asks if he was authorized to wear it while assigned to unit; can it be placed in a shadow box?
* The 253rd Infantry Regiment liberated several French towns, but he was not in a spearhead unit

3.  She provides:

* WD AGO 53-55 (Record and Report of Separation, Honorable Discharge)
* Indiana State Department of Health Certificate of Death
* An unofficial Partial European Itinerary of 63rd Infantry Division Units and Selected Units in World War II (WWII)
* Two pages from the unofficial 63rd Infantry Division website

CONSIDERATION OF EVIDENCE:

1.  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 his records were lost or destroyed in that fire.

2.  The available evidence shows the FSM was inducted into the Army of the U.S. on 29 December 1942 and entered active duty on 5 January 1943.

3.  On 2 February 1946, the FSM was honorably discharged after completing a total of 3 years, 1 month, and 4 days of creditable active military service.

4.  The FSM's WD AGO Form 53-55 shows:

   a.  Organization - "Company L, 253rd Infantry Regiment, 63rd Infantry Division"; 
   
   b.  Military Qualifications and Date - "Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar"; 
   
   c.  Decorations and Citations - "American Theater Ribbon, European-African-Middle Eastern Campaign Medal with two bronze service stars, Good Conduct Medal, Bronze Star Medal, WWII Victory Medal";

d.  Battles and Campaigns – "Rhineland and Central Europe"; 

   e.  He served in the European Theater from 8 December 1944 through 18 January 1946; and
   
   f.  No indication he was ever a POW.

5.  She submitted an unofficial Partial European Itinerary of 63rd Infantry Division Units and Selected Units in World War II spreadsheet, which shows the itinerary of the 63rd Infantry Unit and Company L, 253rd Infantry Regiment.

6.  She submitted a copy of the awards, commendations, and credits, which show that General Orders Number 516-45, issued by Headquarters, 63rd Infantry Division awarded the MUC to Headquarters and Headquarters Company, 253rd Infantry Regiment.

7.  She submitted a two-page spreadsheet which shows the FSM was assigned to Company L, 253rd Infantry Regiment. 
8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to establish eligibility of individual members for campaign participation credit, assault landing credit, unit citations, and occupation duty credit for WWII.  This publication shows the unit to which the FSM was assigned was awarded occupation credit for Germany during the FSM's tenure.  However, it does not show that the unit to which the FSM was assigned was awarded the MUC, PUC, or the French Liberation Medal.

9.  Army Regulation 600-8-22 (Military Awards) states the MUC 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.  

10.  Army Regulation 600-8-22 states the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

11.  Army Regulation 600-8-22 states the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917.  The Prisoner of War Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive.

12.   The French Liberation Medal is a decoration of the French Republic which is issued to any Veterans of WWII who participated in the liberation of France.

DISCUSSION AND CONCLUSIONS:

1.  Regrettably, there is no evidence available and the applicant did not provide evidence to show that Company L, 253rd Infantry Regiment, 63rd Infantry Division was awarded the MUC or the PUC.  As a result, the FSM is not entitled to have his record corrected to show these awards.

2.  While the evidence clearly shows the FSM served overseas in WWII there is no evidence of record and the applicant provides insufficient evidence to show he was in a POW status at any time during his military service.  

3.  The U.S. Government considers the French Liberation Medal to be a foreign decoration and it is not issued by the U.S. Military to Veterans of the WWII.  The decoration may be purchased from civilian military vendors (e.g., French Mint) or by request from the French Embassy to the United States.

4.  Shadow boxes are personal testaments to a person's career and do not fall under the purview of Army Regulation 600-8-22 and as a result this Board cannot address what can be placed in a shadow box.

5.  This action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20110000452



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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