BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120008601 


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 records to show award of the French Fourragere and, in effect, all other authorized awards.

2.  The applicant states that he served in battles and campaigns in Normandy, Northern France, and Ardennes.  He received three service stars and an arrowhead device.

3.  The applicant provides copies of:

* National Personnel Records Center (NPRC) letter, dated 26 March 2012
* three pages of Department of the Army Pamphlet (DA Pam) 672-1 (Unit Citation and Campaign Participation Credit Register)
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* his Honorable Discharge Certificate dated 21 November 1945
* his WD AGO Form 100 (Separation Qualification Record)
* his Honorable Discharge Certificate, dated 21 November 1948
* Philadelphia Quartermaster Depot letter, subject:  Purple Heart,  dated 
5 November 1945 
* War Department letter, dated 6 March 1946
* three pages of World War II unit narratives and organizational structures that include both the 101st Airborne Division and 327th Glider Infantry Regiment



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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant'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 he was inducted on 26 February 1943.  He was honorably discharged on 21 November 1945.  He had completed 1 year, 7 months, and 22 days of continental service, and 1 year, 1 month, and 
4 days of foreign service.  It also shows in:

   a.  item 3 (Grade):  Corporal;

   b.  item 6 (Organization):  Headquarters, 327th Glider Infantry;

   c.  item 30 (Military Occupational Specialty and Number):  Antitank Gun Crewman 610;

   d.  item 31 (Military Qualification and Date):
   
* Combat Infantryman Badge
* Glider Badge

   e.  item 32 (Battles and Campaigns):

* Normandy
* Northern France
* Ardennes
   
   f.  item 33 (Decorations and Citations):
   
* American Theater Ribbon 
* European-African-Middle Eastern Theater Ribbon with three bronze service stars
* Good Conduct Medal
* Distinguished Unit Badge (Currently the Presidential Unit Citation)
* World War II Victory Medal

	g.  item 34 (Wounds Received in Action):  Belgium – 23 December 1944
   
   h.  item 36 (Service Outside Continental U.S. and Return):

* departed the U.S. on 12 May 1944
* arrived in the European-African-Middle Eastern (EAME) Theater on "Not Available"
* departed the EAME Theater on 2 June 1945
* arrived in the U.S. on 15 June 1945

   i.  item 55 (Remarks):  (in part) Lapel Button issued

4.  In support of his application, the applicant provides the following documents:

   a.  a copy of an NPRC letter to the applicant's congressman, dated 26 March 2012, that shows the Director for Military Records authorized shipment of the following awards to the applicant:

* Bronze Star Medal with one bronze oak leaf cluster
* Purple Heart
* Prisoner of War (POW) Medal
* Good Conduct Medal
* Presidential Unit Citation
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 3 bronze service stars and with arrowhead
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Combat Infantryman Badge
* Belgian Fourragere
* Netherlands Orange Lanyard
* Honorable Service Lapel Button - World War II
* Glider Badge
	b.  Philadelphia Quartermaster Depot letter, dated 5 November 1945, which revealed the Secretary of War directed the Purple Heart be forwarded for presentation to the applicant for wounds received in action on or about
23 December 1944 in Belgium. 

	c.  War Department, Office of the Adjutant General's Office letter, dated 
6 March 1946, informing the applicant that he was awarded the Bronze Star Medal for meritorious service from 6 June to 23 December 1944.

5.  A review of the applicant's available records failed to show a DD Form 215 (Correction of DD Form 214) was issued to correct his discharge document to show all of his authorized awards.

6.  His records contain General Orders Number 183, Headquarters, 101st Airborne Division, dated 26 June 1945, showing the applicant was awarded the  above mentioned Bronze Star Medal for meritorious service for the period 6 June to 23 December 1944.

7.  A review of the National Archives and Records Administration (NARA), WWII POW Data File (7 December 1941-19 November 1946), confirms the applicant was listed as a POW. 

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  Persons who were only in one cited 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 (emphasis added).

	b.  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.  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 DA Pam 672-1 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.  

	c.  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. 

10.  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.  An oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Bronze Star Medal.

11.  DA Pam 672-1 lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows the 327th Glider Infantry Regiment, 101st Airborne Division, was awarded by Department of the Army General Order Number 43, dated 1950 the:

* French Croix de Guerre for actions from 6-8 June 1944 
* Netherlands Orange Lanyard for actions from 17 September to
28 November 1944
* Belgian Fourragere for actions on 6 June 1944 and from
22-27 December 1944

DISCUSSION AND CONCLUSIONS:

1.   The applicant contends that his records should be corrected to show award of the French Fourragere and all of his authorized awards.

2.  Records show that the applicant was assigned to the 327th Glider Infantry Regiment, 101st Airborne Division, and he served in the ETO from 15 September 1943 through 26 September 1945.

3.  The evidence of record shows:

	a.  the applicant was awarded the Purple Heart and was held as a POW; 

   b.  general orders awarded the applicant's unit the:
* Presidential Unit Citation
* French Croix de Guerre
* Belgian Fourragere
* Netherlands Orange Lanyard

   c.  the applicant is advised that there is no individual emblem presented to or worn by former Soldiers who were in a unit cited once by the French Government for the Croix de Guerre.
   
	d.  no evidence of record that shows the applicant's unit was cited twice by the French Government for the Croix de Guerre or that his unit was awarded the French Fourragere.  Therefore, the applicant is not entitled to correction of his records to show the French Fourragere.

4.  The applicant was authorized and issued the following additional awards that are not listed n his WD AGO Form 53-55:

* Bronze Star Medal with one bronze oak leaf cluster
* Purple Heart Medal 
* Prisoner of War Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars and an arrowhead
* Army of Occupation Medal with Germany Clasp
* French Croix de Guerre
* Belgian Fourragere
* Netherlands Orange Lanyard

5.  In view of the foregoing, it would be appropriate to correct the applicant's
WD AGO Form 53-55 to show his awards and decorations, as recommended below.

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 correcting his WD AGO Form 53-55 by deleting the award entries in item 
33 and adding the:

* Bronze Star Medal with one bronze oak leaf cluster
* Purple Heart
* Prisoner of War Medal
* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars and an arrowhead
* American Campaign Medal
* Distinguished Unit Badge
* Army of Occupation Medal with Germany Clasp
* Army Lapel Button
* French Croix de Guerre
* Belgian Fourragere
* Netherlands Orange Lanyard

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 French Fourragere.  



      _________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)                                         AR20120008250



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ABCMR Record of Proceedings (cont)                                         AR20120008601



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