IN THE CASE OF:	

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120009626 


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 that the records of her deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal (BSM), European-African-Middle Eastern Campaign Medal with three bronze service stars, Army of Occupation Medal with Germany clasp, and the French Croix de Guerre with Palm. 

2.  The applicant states, in effect, she recently discovered that her father’s records contained errors regarding the omission of awards that he was authorized and desires to have the errors corrected at this time and to be issued the medal sets. 

3.  The applicant provides a four-page letter explaining her application and including a list of enclosures, a copy of the FSM’s death certificate, a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), a copy of General Order Number 45, and excerpts from Army Regulation 600-8-22 (Military Awards).

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 the FSM's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The FSM was inducted on 19 June 1942 and entered active duty at Fort Hayes, Ohio on 13 July 1942.  He completed his training and departed for France on 25 November 1944 as a member of the 254th Infantry Regiment, a unit that served as part of the 63rd Infantry Division.  The unit arrived in Marseille, France on 8 December 1944 and on 30 December 1944 the FSM’s unit was moved to the Colmar area of France where it was attached to the 3rd Infantry Division which was part of the First French Army. 

4.  On 8 April 1945, while the FSM’s unit was securing a bridgehead over the Kocher River near Weibbach, Germany, the FSM was wounded and was subsequently awarded the Purple Heart. 

5.  He departed the European Theater of Operation (ETO) on 7 December 1945 and arrived in the United States on 16 December 1945 and was transferred to Indiantown Gap Military Reservation, Pennsylvania where he was honorably discharged on 20 December 1945.  He had served 3 years, 5 months, and 8 days of active service.

6.  His WD AGO Form 53-55 issued at the time of his discharge shows that he participated in the Rhineland and Central Europe Campaigns and was awarded the Combat Infantryman Badge (CIB), Good Conduct Medal, Distinguished Unit Badge (now known as the Presidential Unit Citation), American Campaign Medal, European-African-Middle Eastern (EAME) Service Medal (now known as the EAME Campaign Medal) with two bronze service stars, the World War II Victory Medal, and the Purple Heart.

7.  General Orders Number 45 issued by the Department of the Army on             1 December 1986 amended General Orders Number 43 issued in 1950 to authorized the award of the French Croix de Guerre with Palm to the 254th Infantry Regiment for the period 28 December 1944 to 6 February 1945.
8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the FSM's unit was granted campaign participation credit for the Ardennes-Alsace, Rhineland, and Central Europe campaigns and that the unit was awarded occupation credit for Germany for the period 2 May to 18 September 1945.

9.  Army Regulation 600-8-22 states 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 CIB 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.

10.  Army Regulation 600-8-22 provides for award of the French Fourragere as 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.

11.  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 Department of the Army Pamphlet 672-1 are not authorized an individual device.  

12.  Army Regulation 600-8-22 states that 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.  

13.  Army Regulation 600-8-22 states 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 medal.

DISCUSSION AND CONCLUSIONS:

1.  The FSM’s unit was granted campaign participation credit for the Ardennes-Alsace campaign during a period he was assigned to the unit and thus should have that campaign reflected on his records and an additional bronze service star added to his already awarded EAME Campaign Medal.  

2.  The FSM was awarded the CIB and thus is qualified for award of the BSM for meritorious service during WWII.  Accordingly, it should be awarded at this time and added to his records.  

3.  The FSM’s unit was granted occupation credit for Germany during a period he served with the unit and thus is entitled to have that award added to his records at this time. 

4.  The FSM’s unit was also awarded the French Croix de Guerre with Palm during a period he served with the unit.  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.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding the FSM the BSM for meritorious service during WWII based on his award of the CIB
* Deleting the entry “EUROPEAN AFRICAN MIDDLE EASTERN SERVICE MEDAL WITH 2 BRONZE STARS” from block 33 of the FSM’s WD AGO Form 53-55
* Adding the entry “ARDENNES-ALSACE” to block 32 of the FSM’s WD AGO Form 53-55
* Adding the BSM, EUROPEAN AFRICAN MIDDLE EASTERN CAMPAIGN MEDAL WITH 3 SERVICE BRONZE STARS, and ARMY OF OCCUPATION MEDAL with GERMANY clasp to block 33 of the FSM’s WD AGO Form 53-55
* Adding the entry “FRENCH CROIX DE GUERRE – UNIT CITATION – NO EMBLEM AUTHORIZED” to block 55 (Remarks) of the FSM’s WD AGO Form 53-55

2.  In addition, the above American awards should be issued to the applicant.

3.  The Board wants the applicant and all others to know that the sacrifices made by her late father in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   __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)                                         AR20120009626





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ABCMR Record of Proceedings (cont)                                         AR20120009626



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