IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120000772 


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 records of his father, a deceased former service member (FSM), be corrected to show:

* Bronze Star Medal
* World War II Victory Medal
* European-African-Middle Eastern Campaign Medal with 4 bronze service stars
* three overseas service bars
* Croix de Guerre with palm
* Belgian Fourragere

2.  The applicant states the information for the above awards was not available when the FSM was discharged.

3.  The applicant provides:

* the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* proof of his relationship to the FSM

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 FSM was born on 2 August 1923.  On 2 September 1943, he was inducted into the Army of the United States and he entered on active duty on 23 September 1943.

4.  The FSM spent 8 months and 9 days in the continental United States (CONUS), and 1 year, 5 months, and 4 days in the European Theater of Operations (ETO).  He served as an automatic rifleman (infantryman) with 393rd Infantry Regiment, which was part of the 99th Infantry Division.

5.  The FSM served in four campaigns – Normandy – 6 June-24 July 1944, Northern France – 25 July-14 September 1944, Rhineland -15 September 1944-21 March 1945, and Central Europe – 22 March-11 May 1945.

6.  The FSM was awarded the Combat Infantryman Badge and was wounded 3 times – 12 July 1944, 29 September 1944, and 19 December 1944.

7.  The FSM's WD AGO Form 53-55 lists the following awards and badges:

* Combat Infantryman Badge
* Good Conduct Medal
* Purple Heart with 2 Oak Leaf Clusters
* EAMET Ribbon (properly called the European-African-Middle Eastern Campaign Medal)



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

	a.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

	b. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service (campaign) medal.

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	d.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	e.  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.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the time periods for which various units were awarded unit citations, including the Distinguished Unit Citation, Meritorious Unit Commendation, and foreign unit awards like the French Croix de Guerre and Belgian Fourragere.  It also shows World War II units authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.  It shows the FSM's unit:
* was awarded two Meritorious Unit Commendations
* was twice cited in the Order of the Day of the Belgian Army for award of the Belgian Fourragere
* received occupation credit in Germany from 2 May to 15 August 1945

10.  It does not show entitlement to the French Croix de Guerre.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the CONUS for the specific time frames and areas of operation cited in Army Regulation
670-1 or appropriate Department of the Army message.

	a.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  During World War II, a bar was authorized for    each completed 6-month period overseas that occurred between the dates of      7 December 1941 and 2 September 1946.

	b.  Overseas Service Bars are uniform items, not awards, and they are not normally entered on DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) or WD AGO Forms 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was a combat infantryman who fought in Europe against the German Wehrmacht and helped secure America's greatest victory.  During his service, he was awarded three Purple Hearts and the prestigious Combat Infantryman Badge.  

2.  The FSM's WD AGO Form 53-55 is incomplete.  It should have listed the following additional awards:

* the Bronze Star Medal based on award of the Combat Infantryman Badge
* the World War Two Victory Medal
* the Army of Occupation Medal with Germany Clasp
* 4 bronze service stars for his European-African-Middle Eastern Campaign Medal
* two Meritorious Unit Commendations
* the Belgian Fourregere



3.  Department of the Army Pamphlet 672-1 does not show the FSM's unit was awarded the French Croix de Guerre; therefore, that foreign unit award cannot be added to his WD AGO Form 53-55.  Also, despite serving overseas for 1 year, 5 months, and 4 days (which would entitle him to 2 Overseas Service Bars), Overseas Service Bars are uniform items and not normally included on separation documents.  

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:

* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge
* deleting from his WD AGO Form 53-55 the "EAMET"
* adding to his WD AGO Form 53-55 the Bronze Star Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, European-African-Middle Eastern Campaign Medal with 4 bronze service stars, Meritorious Unit Commendation (2nd Award), and Belgian Fourregere

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 the French Croix de Guerre with Palm and Overseas Service Bars.



      _______ _   _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)                                         AR20120000772



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ABCMR Record of Proceedings (cont)                                         AR20120000772



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