BOARD DATE: 1September 2011
DOCKET NUMBER: AR20110003538
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 the Legion of Honor Medal from France be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
2. The applicant states he just received the medal from France and it needs to be added to his military records.
3. The applicant provides:
* Letter, dated 19 January 2011, from the Consul General of France
* WD AGO Form 53-55
CONSIDERATION OF EVIDENCE:
1. The applicants 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 applicants 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.
2. He was inducted into the Army of the United States on 8 November 1943 and he entered active duty on 29 November 1943. He served in the European Theater of Operations from 20 October 1944 to 1 September 1945. He was honorably discharged on 16 May 1946.
3. Item 6 (Organization) of his WD AGO Form 53-55 shows he was assigned to Company G, 410th [Infantry] Regiment of the 103rd Infantry Division. Item
33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:
* American Campaign Medal
* European-African-Middle-Eastern Campaign Medal
* Good Conduct Medal
* World War ll Victory Medal
4. He provided a letter, dated 19 January 2011, from the Consul General of France commending him for his service during World War ll. The letter also states, in pertinent part, "I am pleased, therefore, to attach the Legion of Honor Medal and readdress my sincere and warm congratulations."
5. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the applicant's unit (410th Infantry Regiment) received occupation credit for Germany for the period 2-19 May 1945 and 15 August 1945 to 3 September 1945.
6. Army Regulation 600-45 (Foreign Decorations) stated that during World War II and for 1 year thereafter, Congress authorized acceptance from the governments of co-belligerent nations, neutral nations, or the other American Republics of such decorations as could be conferred by those governments upon members of their own military forces. Prior to acceptance, the award must have been approved by the War Department or by a commander specifically designated by the War Department. Each award of a foreign decoration must have included a citation, order, certificate, or decision by the foreign government naming the person for whom the award was intended. The Adjutant General, or the commander authorized to accept foreign decorations, notified members of the Army of the United States of authority to receive and wear such foreign decorations.
7. Table E-1 (Foreign Decorations) of Army Regulation 600-8-22 (Military Awards) shows the Legion of Honor from France (Degrees: Knight, Officer, Commander, Grand Officer, and Grand Cross) is an approved foreign decoration for acceptance and wear. This is a recently approved foreign decoration.
8. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.
DISCUSSION AND CONCLUSIONS:
1. The 2011 letter from the Consul General of France which shows the applicant was awarded the Legion of Honor Medal from France is accepted as sufficient evidence on which to add this foreign decoration to his WD AGO Form 53-55.
2. His unit (410th Infantry Regiment) received occupation credit for Germany which entitles him to award of the Army of Occupation Medal with Germany Clasp. Therefore, this medal should be added to his WD AGO Form 53-55.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 Legion of Honor Medal (France) and Army of Occupation Medal with Germany Clasp to item 33 of his WD AGO Form 53-55.
_______ _ 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) AR20110003538
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ABCMR Record of Proceedings (cont) AR20110003538
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