IN THE CASE OF:	

		BOARD DATE:	 14 June 2012 

		DOCKET NUMBER:  AR20120000304 


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, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the following awards:

* Bronze Star Medal
* arrowhead device to denote assault landing 
* Army of Occupation Medal with Germany Clasp
* American Campaign Medal
* foreign awards

2.  The applicant states the medals and decorations are not listed on the FSM's WD AGO Form 53-55.

3.  The applicant provides the FSM's WD AGO Form 53-55, Parachute Jumper's Log, and the 502nd Infantry Regiment's lineage and honors information.

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 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.  This case is being considered based on the documents provided by the applicant.

3.  The FSM's WD AGO Form 53-55 indicates:

	a.  He was inducted into the Army of the United States on 11 January 1943 and entered active duty on 25 January 1943.

	b.  He was assigned to Headquarters Company, 2nd Battalion, 502nd Parachute Infantry Regiment (PIR), and served in the European theater of operations from 17 February 1944 to 9 January 1946.

	c.  He earned the Combat Infantryman Badge and Parachutist Badge.

	d.  He participated in the Normandy and Rhineland campaigns and was awarded or authorized the European-African-Middle Eastern (EAME) Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, and Distinguished Unit Citation.

	e.  He served 8 months and 27 days of continental service.

	f.  He was honorably discharged on 9 March 1946.

4.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and of campaign participation credits for World War II.  This pamphlet shows the 502nd PIR was awarded credit for an assault landing at Normandy on 6-7 June 1944 by War Department General Orders (GO) Number 116, dated 1946, and for an assault landing at Nijmegen-Arnhem on 17 September 1944, by War Department GO Number 70, dated 1945.

5.  Department of the Army Pamphlet 672-1 also shows the 502nd PIR received occupation credit for Germany for the period 2 May-31 October 1945.

6.  Department of the Army Pamphlet 672-1 further shows the 502nd PIR was awarded the following unit awards:

	a.  Belgian Fourragere for the periods 6 June 1944 and 23-27 December 1944 by Department General GO Number 43, dated 1950.

	b.  Netherlands Orange Lanyard for the period 17 September-28 November 1944 by Department General GO Number 43, dated 1950.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 or the Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  The arrowhead device 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 the EAME Campaign Medal.  The regulation specifies that only one arrowhead will be worn on any medal.

	c.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

	d.  The American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	e.  A bronze service star is authorized with the EAME Campaign Medal based on qualifying service for each campaign listed in appendix B or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.

	f.  The Belgian Fourragere may be awarded by the Belgian Government 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge, the FSM met the criteria for award of the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.

2.  The FSM was awarded the EAME Campaign Medal and the evidence shows he participated in two campaigns.  Therefore, his WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with two bronze service stars.

3.  The FSM was awarded the Parachutist Badge and his unit was awarded credit for assault landings at Nijmegen-Arnhem and Normandy.  Therefore, his WD AGO Form 53-55 should be further corrected to show his assault landings credit; however, by regulation, only one bronze arrowhead device may be affixed to his already-awarded EAME Campaign Medal.

4.  The evidence shows the FSM was assigned to a unit at the time it was awarded credit for the occupation of Germany.  Therefore, his WD AGO 
Form 53-55 should be corrected to show the Army of Occupation Medal with Germany Clasp.

5.  The FSM was present when his unit was cited twice in the Order of the Day of the Belgian Army and as a result, is authorized the Belgian Fourragere.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show this foreign unit award.

6.  The FSM's unit was awarded the Netherlands Orange Lanyard at the time he was a member of the unit.  This foreign unit award should also be added to his WD AGO Form 53-55.

7.  There is no evidence showing the FSM served outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days.  Also, his WD AGO Form 53-55 shows he served only 8 months and 27 days of continental service.  Therefore, there is no basis to correct the FSM's WD AGO Form 53-55 to show the American Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  _____X___  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding the FSM the Bronze Star Medal based upon award of the Combat Infantryman Badge,

	b.  deleting the European-African-Middle Eastern Campaign Medal from the FSM's WD AGO Form 53-55, and

	c.  adding the following awards to the FSM's WD AGO Form 53-55:

* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars and one bronze arrowhead
* Army of Occupation Medal with Germany Clasp
* Belgian Fourragere
* Netherlands Orange Lanyard

2.  The Board further determined 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 the American Campaign Medal.



      ____________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)                                         AR20120000304



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ABCMR Record of Proceedings (cont)                                         AR20120000304



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