IN THE CASE OF:	  

		BOARD DATE:  13 November 2012

		DOCKET NUMBER:  AR20120008299


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 WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) to show he was awarded the Parachutist Badge with three bronze service stars and the French Fourragere.

2.  The applicant states he is entitled to the Parachutist Badge with three bronze service stars, for three combat jumps he performed with the 501st Parachute Infantry Regiment, and the French Fourragere. 

3.  The applicant provides his WD AGO Form 53-98 and a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 9 April 2012.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC 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 and impartial review of this case.

3.  The applicant was inducted into the Army of the United States, in the rank of private, on 7 February 1941.  He entered active duty, attained the rank of corporal, and was honorably discharged on 11 June 1943.

4.  His WD AGO Form 24 (Service Record) shows his conduct and efficiency ratings were "excellent," and it contains the entry "Soldier favorably considered for Good Conduct Medal."

5.  On 12 June 1943, after completing the Officer Candidate School at The Infantry School, Fort Benning, GA, he was appointed as a second lieutenant (2LT) in the Army of the United States, in the infantry branch.  He entered active duty and completed specialized training at the Military Intelligence Training Center at Camp Richie, MD.  His record shows he held military occupational specialties 9316 (Prisoner of War (POW) Interrogation Officer) and 1537 (Rifle Company Commander).

6.  His record shows he served overseas during World War II (WWII), in the European theater of operations, from on or about 27 January 1944 to on or about 18 February 1945.  

7.  On 2 March 1944, he was assigned to the Foreign Intelligence Detachment, Military Intelligence Service as a POW Interrogation Officer.  On 21 April 1944, he was assigned to the 501st Parachute Infantry Regiment as a POW Interrogation Officer.

8.  On 1 October 1944, he was promoted to the rank of first lieutenant (1LT) and on 1 February 1945, he was promoted to the rank of captain (CPT).

9.  On 17 November 1945, he was honorably released from active duty.  Item   29 (Decorations and Citations) of his WD AGO Form 53-98 does not indicate he was awarded the Parachutist Badge or the French Fourragere; however, it does show he was awarded the following awards during his period of active military service:

* Bronze Star Medal
* Purple Heart
* European–African–Middle-Eastern Theater Ribbon with 3 campaign stars
* Presidential Unit Citation (2nd Award)
* Combat Infantryman Badge
* WWII Honorable Service Lapel Button

10.  On 7 January 1946, he was appointed as a CPT in the Reserve Officer Corps.

11.  His available record contains no orders that awarded him the Parachutist Badge; however, there are numerous documents that reference his qualification as a parachutist.  

* Item 13 (Title – Description – Related Civilian Occupation) of his WD AGO Form 100 (Separation Qualification Record) shows that during his service as a POW Interrogator, he served overseas with a Parachute Infantry Regiment
* Item L (Outstanding Specialties of Value in Military Service) of his WD AGO Form 67 (Officer Evaluation Report) shows he was a qualified parachutist

12.  His available record contains the charred remains of what appears to be a typed résumé.  In this résumé, he summarizes his life experiences leading to his induction into the Army of the United States, commissioning as an officer, and service in WWII.  It contains the following two statements:

* "Volunteered for Parachute training and… completed course with the 82nd Airborne Division.  Assigned to the… Parachute Infantry Regiment, 101st Airborne Division in April 1944."
* "Jumped on Normandy on night of 5-6 June 1944, came through… without a scratch and returned to England at end of July with… Jumped into Vechel Sector south of Nijmengen [sic], in the Airborne… of Holland."

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for WWII and the Korean War.  This pamphlet shows the 501st Parachute Infantry Regiment, the unit to which the applicant was assigned, participated in the Ardennes-Alsace, Central Europe, Normandy, and Rhineland campaigns during its service in WWII.  Additionally, the regiment was recognized as follows:

* the Distinguished Unit Citation (Presidential Unit Citation) was awarded on 2 occasions, for service during the periods 6 June 1944 and 18 through  27 December 1944
* Assault landing credit was awarded for participation during Operation Overlord, the invasion of Normandy, 6-7 June 1944, by War Department General Order Number 116-46
* Assault landing credit was awarded for participation during Operation Market Garden, the invasion of Nijmegen-Arnhem, 17 September 1944, by War Department General Order Number 70-45
* the Regiment was awarded the Netherlands Orange Lanyard, for service during the period 17 September through 28 November 1944, by Department of the Army General Order Number 43-50
* the Regiment was cited for the French Croix de Guerre, for service during the period 6 through 8 June 1944, by Department of the Army General Order Number 43-50
* the Regiment was awarded the Belgian Fourragere, for service during the periods 6 June 1944 and 23 through 27 December 1944, by Department of the Army General Order Number 43-50

14.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states, in pertinent part:

   a. The basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

   b. A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.  Orders are required to confirm award of these badges.  

   c. The French Fourragere is an approved foreign unit award.  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.

15.  His record indicates he is entitled to additional awards which are not shown on his WD AGO Form 53-98.

16.  Army Regulation 600-8-22 states:

   a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

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

   c. The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

   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 one year.

   e. 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 the European-African-Middle Eastern Campaign Medal.  

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

   g. The Belgian Government may award the Belgian Fourragere 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.

   h. The Netherlands Government may award the Netherlands Orange Lanyard when a unit has been cited and awarded the Netherlands Military Order of William.  It may also be awarded independently.  The award of the Orange Lanyard is not automatic but must be by specific decree of the Netherlands Government.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his WD AGO Form 53-98 should be corrected to show he was awarded the Parachutist Badge with 3 bronze service stars and the French Fourragere.

2.  The applicant's available records are void of orders which show he was awarded the Parachutist Badge; however, there are numerous documents that reference his assignment to the 501st Parachute Infantry Regiment and his qualification as a parachutist.  His unit of assignment was cited for its participation during at least two named airborne operations during his period of service in WWII.  He would not have been assigned to the 501st Parachute Infantry Regiment unless he was a qualified parachutist.  Therefore, it is reasonable to conclude he was a qualified parachutist who participated in at least two airborne operations during WWII, and to correct his WD AGO Form 53-98 to add the Parachutist Badge with two bronze service stars.

3.  Additionally, since he was credited with two assault landings, he should be awarded the arrowhead device to be affixed to his previously-awarded European-African-Middle-Eastern Theater Ribbon with three campaign stars.  

4.  The applicant's unit was not cited for award of the French Fourragere; however, it was cited once for award of the French Croix de Guerre.  Although he would not have been authorized to wear a ribbon, Fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation.

5.  The applicant served a period of honorable enlisted service prior to being commissioned as an officer.  His WD AGO Form 24 shows his conduct and efficiency ratings were "excellent."  Additionally, this form contains the entry "Soldier favorably considered for Good Conduct Medal."  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), and to correct his WD AGO Form 53-98 to show it.

6.  The applicant was awarded the Combat Infantryman Badge for his service in the European theater of operations during WWII.  Consequently, he is entitled to a second award of the Bronze Star Medal and to correction of his WD AGO Form 53-55 to show this award.

7.  The applicant served a qualifying period of service for award of the American Defense Service Medal, American Campaign Medal, and the WWII Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.

8.  The applicant's unit was cited for award of the Belgian Fourragere and the Netherlands Orange Lanyard, which are not shown on his WD AGO Form 53-98. Therefore, he is entitled to correction of his WD AGO Form 53-98 to show these foreign decorations.


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 him the Army Good Conduct Medal (1st Award), for service during the period 7 February 1941 through 11 June 1943;

   b. awarding him the Bronze Star Medal (2nd Award) based upon award of the Combat Infantryman Badge; 

   c. amending item 29 of his WD AGO Form 53-98 to deleted the entry "European African Middle-Eastern Theater Ribbon (3 campaign stars)," and add the entries: 

* Parachutist Badge with two bronze service stars
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award)
* European African Middle-Eastern Campaign Medal with three bronze service stars and arrowhead device
* American Defense Service Medal
* American Campaign Medal
* World War II Victory Medal
* Belgian Fourragere
* Netherlands Orange Lanyard

   d. amending item 43 of his WD AGO Form 53-98 to add the entry "FRENCH CROIX DE GUERRE – UNIT CITATION – NO EMBLEM AUTHORIZED." 

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 correcting his records to show he was awarded the French Fourragere or a third bronze service star on his basic Parachutist Badge, denoting a third combat jump during WWII. 



      _______ _   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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR2010008299



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