IN THE CASE OF:	  

		BOARD DATE:	 15 November 2011 

		DOCKET NUMBER:  AR20110006233 


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, in two separate applications, correction of his
WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragere and his last name as H-----c--.

2.  The applicant states the Belgian Fourragere (1940) was awarded to the
99th Infantry Division after he was reassigned to another unit.  He was not aware he was entitled to the award until he was informed by a buddy.  In addition, his last name is misspelled on his separation document.

3.  The applicant provides:

* WD AGO Form 53-55, effective 22 January 1946
* Honorable Discharge Certificate, dated 22 January 1946
* Certificate of Birth
* Social Security Card
* Appendix F, Belgian Fourrageres 1940, given at Bruxelles on 17 June 1946
* History of the 99th Infantry Division

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 applicant's military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documents provided by the applicant to conduct a fair and impartial review of this case.

3.  The available record shows he was inducted into the Army of the United States on 28 November 1942 and he entered into active service on 8 December 1942.  He was trained in and awarded military occupational specialty 345 (Truck Driver - Utility Repairman).  On 22 January 1946, he was honorably discharged by reason of demobilization.  The WD AGO Form 53-55 he was issued shows in:

	a.  Item 1 (Last Name – First Name – Middle Initial) his last name as H-----g--.

	b.  Item 6 (Organization) he was assigned to Company C, 1st Engineer (Combat) Battalion.

	c.  Item 32 (Battles and Campaigns) he participated in the Rhineland, Ardennes, and Central Europe campaigns.

	d.  Item 36 (Service Outside Continental United States and Return) he served in the European Theater of Operations (ETO) from 10 October 1944 to 7 January 1946.

	e.  Item 56 (Signature of Person Being Separated) he signed his last name as H-----c--.

4.  The applicant provides a copy of the decree awarding the Belgian Fourragere to the 99th Infantry Division and its attached units for the periods 19 November 1944 to 16 December 1944 and 16 December 1944 to 3 February 1945.  In addition, he provided a Certificate of Birth and Social Security Card which shows the spelling of his last name as H-----c--.
5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving during World War II and the Korean War.  This pamphlet shows the 1st Engineer Combat Battalion was a subordinate unit of the 1st Infantry Division.  Further, this unit was awarded the Belgian Fourragere for the period 3-5 September 1944 and 28-30 December 1944, by Department of the Army General Orders Number 43, dated 1950.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.  The Belgian Government 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.

7.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-5 (Separation Documents), currently in effect, prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  These regulations establish standardized policy for the preparation of the separation document.  They state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are not available for review; however, item 56 of his WD AGO Form 53-55 clearly shows he signed his last name as H-----c--.  It is reasonable to conclude his name was misspelled during the preparation of his WD AGO Form 53-55.  Therefore, it would be appropriate at this time to correct his WD AGO Form 53-55 to show the spelling of his last name as shown on his Certificate of Birth and his Social Security Card.

2.  There is no evidence the applicant was assigned or attached to the
99th infantry Division when it was twice cited in the Order of the Day of the Belgian Army and, in effect, award of the Belgian Fourragere.  Therefore, he is not entitled award of the Belgian Fourragere or correction of his WD AGO Form 53-55 to show this award.

3.  However, he is entitled to an entry on his WD AGO Form 53-55 to show the Belgian Citation in the Order of the Day although he is not authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation.  Therefore, his WD AGO Form 53-55 should be corrected accordingly.

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.  deleting from item 1 of his WD AGO Form 53-55 the current last name and replacing it with the spelling of his last name as shown on his Certificate of Birth and Social Security Card, and

	b.  adding to item 55 (Remarks) of his WD AGO Form 53-55 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 adding to item 33 of his
WD AGO Form 53-55 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)                                         AR20110006233



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ABCMR Record of Proceedings (cont)                                         AR20110006233



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