IN THE CASE OF:	  

		BOARD DATE:  31 January 2012

		DOCKET NUMBER:  AR20110013738 


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 correction of his military records to show award of the Presidential Unit Citation (PUC) and the Belgian Croix de Guerre.

2.  The applicant states he should be entitled to these two awards based on his service at Bastogne with the 20th Armored Infantry Battalion in World War II.

3.  The applicant provides copies of:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* page 64 of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register)
* photocopies of unit patches for the 20th Armored Infantry Battalion and the Belgian Croix de Guerre with Palm for Bastogne
* an extract from 11 Days in December, authored by Stanley Weintraub

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 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 the FSM's 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.

3.  The applicant's WD AGO Form 53-55 shows in:

	a.  Item 6 (Organization) he was assigned to Company B, 20th Armored Infantry Battalion, 10th Armored Division.

	b.  Item 31 (Military Qualification) he was awarded the Combat Infantryman Badge and the Marksman Marksmanship qualification Badge with Rifle Bar.

	c.  Item 33 (Decorations and Citations) he was awarded the:

* Distinguished Unit Badge (DUC) (now known as the Presidential Unit Citation (PUC))
* Good Conduct Medal
* Purple Heart with Oak Leaf Cluster
* World War II Victory Medal
* American theater Service Medal (now known as the American Defense Service Medal)
* European, African, Middle-Eastern Service Medal with 3 bronze service stars
* Army Lapel Button

	d.  Item 36 (Service Outside Continental United States and Return) he was assigned in the European Theater of Operations (ETO) from 23 September 1944 to 27 June 1945.

4.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in 


military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows that the 20th Armored Infantry Battalion, less Company A, was awarded the DUC by War Department General Order 17, dated 1945, and was authorized the Army of Occupation Medal with Germany Clasp for service in Germany from 2 May to 18 September 1945.

6.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center, now known as the U.S. Army Human Resources Command, published the policy regarding awards of the Belgian Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the Belgian Government in the Order of the Day 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.  As a result, the Belgian Fourragere may be awarded by the Belgian government when a unit has been cited twice in the Order of the Day for the Croix de Guerre.

7.  The applicant provided photocopies of unit patches and the Belgian Croix de Guerre with Palm for Bastogne, indicating that the 20th Armored Infantry Battalion had received this foreign unit award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show award of the PUC and the Belgian Croix de Guerre, based on his service at Bastogne.

2.  The available evidence clearly shows that the applicant's unit was awarded the DUC for service in the ETO in 1945.  This award is listed on his WD AGO Form 53-55.  There is no available evidence showing that the applicant's unit was awarded a second DUC.  Subsequent to his service, the DUC was renamed the PUC.  Accordingly, this issue should be denied.

3.  DA Pam 672-1 does not show that the applicant's unit was cited in the Order of the Day for award of the Croix de Guerre.  The photocopy provided by the applicant stating that the 20th Armored Infantry Battalion was awarded this medal cannot be accepted as proof without corroborating documentation.  Furthermore, a unit must have been cited twice in the Order of the Day; after which it would have received the Belgian Fourragere.  Accordingly, this issue should be denied.

4.  Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction 
of the applicant’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.  The evidence presented does not demonstrate the existence of a probable error or injustice.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our 
Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 corrects the records of the individual concerned to show award of the Bronze Star Medal and the Army Occupational Medal with Germany Clasp.



      __________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)                                         AR20110013738





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013738



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1