IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110010894 


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 reconsideration of his earlier request that the records of his deceased father, a former service member (FSM), be corrected to show award of the: 

* Legion of Merit
* French Croix de Guerre

2.  As a new issue, the applicant requests the records of his deceased father be corrected to show the following awards:

* Three awards of the Presidential Unit Citation
* Valorous Unit "Citation" (Award)
* Meritorious Unit "Citation" (Commendation)
* Knight of the Legion of Honor
* Arrowhead to be affixed to the European-African-Middle Eastern Campaign Medal

3.  The applicant later requested that his deceased father’s records also be corrected to show the Belgian Fourragere.

4.  The applicant states:

* According to his research, the 28th Infantry Regiment received five citations
* It is his understanding the FSM could have been awarded the Legion of Merit and French Croix De Guerre
* In conversation with the French Consulate, the Government of France is awarding a new medal - Knight of the Legion of Honor to anyone who fought in France
* His late father should have also been entitled to an arrowhead
* Many units missed their landing beaches; some units like the 28th Regiment were at Omaha Beach; however, some information would place them at a different location
* Mistakes are common when dealing with a large force
* His father served with the 28th Infantry Regiment which was attached to the 6th Armored Division from 16 to 21 August 1944 during the Battle of the Bulge

5.  The applicant provides a photograph and a newspaper article.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100013405, on 29 March 2011.

2.  The applicant submitted a new argument, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The FSM's complete 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 to conduct a fair/impartial review of this case.

4.  With respect to the Legion of Merit, as the applicant was previously advised, Army Regulation 600-8-22 (Military Awards) states the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.   
	a.  Based upon his application, the evidence of record, and accompanying supporting documents that he submitted, it does not appear the FSM was recommended for or awarded the Legion of Merit.

	b.  Section 1130 of the United States Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, he must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed.  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638. In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	c.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, he must submit his request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	d.  If the applicant chooses to pursue the Legion of Merit by submitting a request under the provisions of Title 10 USC 1130, and his request is subsequently denied by AHRC, he may reapply to the ABCMR.  Therefore, the issue of the Legion of Merit will not be discussed further in this Record of Proceedings.

5.  With respect to the Knight of the Legion of Honor, this award is not listed as an approved award in the Department of Defense Awards Manual or Army Regulation 600-8-22.  As the applicant indicates, it is a foreign award, issued by the Government of France.  As such, it is not within the purview of this Board.  Therefore, the Knight of the Legion of Honor will also not be discussed further in this Record of Proceedings.

6.  The FSM's WD AGO Form 53-55 shows he enlisted in the Regular Army and entered active duty at Fort Benning, GA, on 19 December 1940.   This form also shows he held military occupational specialty 653 (Squad Leader) and he was 

assigned to Company B, 28th Infantry Regiment at the time of his separation.  Previous coordination with the Center for Military History confirmed that B Company was part of the 1st Battalion, 28th Infantry Regiment.

7.  His WD AGO Form 53-55 shows he departed the Continental United States (CONUS) on 5 December 1943 and arrived in the European Theater of Operations (ETO) on 17 December 1943.  He departed the ETO on 19 May 1945 and arrived in CONUS on 29 May 1945.

8.  He completed 2 years, 11 months, and 5 days of continental service and 1 year, 5 months, and 25 days of foreign service.  He was honorably separated in the rank/grade of staff sergeant on 1 September 1945.

9.  His WD AGO Form 53-55 shows in:

* item 31 (Military Qualifications and Date) – Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* item 32 (Battles and Campaigns) – Normandy, Northern France, Rhineland 
* item 33 (Decorations and Citations) and item 55 (Remarks) – European-African-Middle Eastern Service Medal and American Defense Service Medal
* item 34 (Wounds Received in Action) - "Northern France 9 July 1944" 

10.  On 20 July 2011, the FSM was issued official orders awarding him the Purple Heart as well as the Bronze Star Medal based on his award of the Combat Infantryman Badge.  He was also issued a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty) that deleted the European-African-Middle Eastern Service Medal and added the:

* Purple Heart
* European-African-Middle Eastern Service Medal w/3 bronze service stars
* World War II Victory Medal
* American Campaign Medal
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation

11.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for WWII and Korea.  This pamphlet shows the 28th Infantry Regiment was cited as follows:

* 1st Battalion, Distinguished Unit Citation (now known as the Presidential Unit Citation), for action on 26 to 27 July 1944, War Department (WD) General Orders (GO) Number 30, dated 1947
* 3rd Battalion, Presidential Unit Citation, for action from 1 to 5 December 1944, WD GO Number 32, dated 1947
* Company I only, Presidential Unit Citation, for action on 23 November 1944, WD GO Number 47, dated 1949
* 3rd Battalion, Presidential Unit Citation, for action from 23 to 24 February 1945, WD GO Number 23, dated 1947
* Service Company only, Meritorious Unit Commendation, for service from  1 January to 31 December 1944, GO Number 49, issued by Headquarters (HQ), 8th Infantry Division, on 6 May 1945
* Medical Detachment only, Meritorious Unit Commendation, for service from 1 January to 30 September 1944, GO Number 92, issued by HQ, 8th Infantry Division, on 18 April 1945

12.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Presidential Unit Citation 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.

	b.  The Meritorious Unit Commendation 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 operation.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  

	c.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  

	d.  The "arrowhead" will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on various campaign medals including the European-African-Middle Eastern Campaign Medal.

	e.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal, or ribbon authorized for wear by members of the unit.

	f.  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.

	g.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William.  As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere, and the Netherlands Orange Lanyard.  When the Croix de Guerre is awarded to an individual on a by-name basis, there is a personal decoration which can be worn by the recipient.  

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period 

cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  This same regulation also states an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 shows he served in World War II with 
B Company, 1st Battalion, 28th Infantry, from 17 December 1943 to 19 May 1945.  With respect to the:

	a.  Presidential Unit Citation, the 1st Battalion was cited for award of the Presidential Unit Citation only on one occasion.  The 3rd Battalion was cited on two occasions; however, the FSM was assigned to the 1st Battalion, not the 3rd Battalion.  He was already awarded one award of the Presidential Unit Citation and his records were corrected to show it.  There is no evidence to support a second or a third award.

	b.  Meritorious Unit Commendation, only Service Company and the Medical Detachment of the 28th Regiment were cited for award of the Meritorious Unit Commendation.  There is no evidence the FSM was assigned to either unit of the 28th Regiment.  As such, there is insufficient evidence to add this unit award to his records.

	c.  Valorous Unit Award, there is no evidence the 28th Regiment or any of its subordinate unit was cited for this award, and it was not awarded for actions prior to August 1963.  As such, there is insufficient evidence to add this unit award to his records.

	d.  Arrowhead, there is no evidence the 28th Infantry Regiment was involved in an assault landing or received credit for such landing.  There is no evidence to support whether or not sufficient elements entered the landing zone within the prescribed time limits to entitle the entire regiment to the honor.  As such, there is insufficient evidence to award him this award.

	e.  French Croix de Guerre, there is no evidence the FSM's unit was cited for a foreign unit award - the French Croix de Guerre - for service during the FSM's assignment to the regiment.  But even if it were, such citations do not 

automatically authorize the wearing of the Fourragere which must be specifically awarded by the French Government. 

	f.  Belgian Fourragere, there is no evidence the FSM's unit was cited for award of the Belgian Fourragere.  The award of the Belgian Fourragere is not automatic and requires a special decree of the Belgian Government.

2.  The FSM was previously issued the Bronze Star Medal based on his award of the Combat Infantryman Badge.  It appears when his DD Form 215 was prepared, this award was inadvertently left off.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

3.  Evidence shows that the FSM’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the FSM’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the request for reconsideration of the French Croix de Guerre, 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 to amend the decision of the ABCMR set forth in Docket Number AR20100013405, dated 29 March 2011. 

2.  In regard to the new issues, the Board determined the evidence presented is insufficient to warrant a portion of the requested relief.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 

3.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to add the Bronze Star Medal to 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)                                         AR20110010894



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ABCMR Record of Proceedings (cont)                                         AR20110010894



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