IN THE CASE OF:	  

		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120018307 


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, as the daughter of a former service member (FSM), requests correction of the FSM's military service records to show:

* his rank as major
* award of the Belgian Fourragere

2.  The applicant states a letter from The Adjutant General promoted the FSM to major.  This is not listed on his Transcript of Military Record.  The applicant further states the FSM's Transcript of Military Record does not show award of the Belgian Fourragere in item 27 (Decorations and Citations).  She states the 99th Infantry Division received it as a unit award.

3.  The applicant provides:

* WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service)
* Army of the United States Certificate of Service, dated 19 August 1946
* Memorandum from the War Department, Adjutant General's Office, dated 8 January 1947
* AGO Form 01254 (Transcript of Military Record), dated 25 October 1949
* Army of the United States Certificate in Lieu of Lost or Destroyed Certificate of Service, dated 25 October 1949 
* letter from the National Personnel Records Center, dated 22 December 2011

* email from the U.S. Army Center for Military History (USACMH), dated 
19 July 2012, with attached general order
* FSM's obituary

CONSIDERATION OF EVIDENCE:

1.  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.  This case is being considered using the documents provided by the applicant.

2.  The applicant’s WD AGO Form 53-98 shows he entered active duty on
15 April 1944, as an officer in the Army of the United States.  He arrived in the European Theater of Operations (ETO) on 9 September 1944.  He departed the ETO on 22 September 1945.  His organization is shown as Percy Jones General Hospital, Fort Custer, MI.

3.  On 19 August 1946, the FSM was honorably released from active duty as a captain.

4.  Item 28 (Battles and Campaigns) of his WD AGO Form 53-98 shows he participated in the Ardennes, Central Europe, and Rhineland campaigns.  Item 29 (Decorations and Citations) shows he was awarded:

* European-African-Middle Eastern Campaign Medal with three bronze service stars
* American Theater Medal
* Meritorious Unit Commendation
* World War II Victory Medal

Item 43 (Remarks) shows the Combat Medical Badge.

5.  There is no evidence in the FSM's available military service records that shows he was assigned to the 99th Infantry Division.

6.  The applicant provided a memorandum from The War Department, Adjutant General's Office, dated 8 January 1947, showing the FSM was promoted to major effective 8 January 1947.
	
7.  The applicant provided an AGO Form 01254, prepared by the Department of the Army, on 25 October 1949, this document shows in:

	a.  item 27 the Bronze Star Medal and the Purple Heart; and

	b.  item 28 (Wounds Received in Action) Belgium 17 December 1944

8.  The applicant provided the FSM's the obituary that indicates he was a decorated World War II (WWII) veteran assigned to the 99th Infantry Division as a battalion surgeon.

9.  The applicant provided email from the U.S. Army Center for Military History (USACMH), dated 19 July 2012.  Attached to the email is a copy of General Order 43, dated 1950, which awarded the 99th Infantry Division the Belgian Fourragere.

10.  The Board analyst retrieved three articles online from the Digital Archives of the 99th Infantry Division Checkerboard Newspaper which show:

	a.  An article entitled "E_____ B____" indicates the FSM died on 
25 November 2011, during WWII he was assigned to the 1st Battalion, 
393 Infantry Regiment, 99th Infantry Division, and served as a battalion surgeon. He was awarded the Purple Heart and Bronze Star Medal.

	b.  In an article entitled "Captain B_____ Remembered,"  a former fellow Soldier stated he was saddened by the FSM's death.  The FSM was his commanding officer in the 99th Infantry Division.  The FSM trained the former fellow Soldier and other Soldiers in first aid and field injury procedures.  The FSM later treated the former fellow Soldier’s wounds after he was wounded in combat, 
which resulted in the amputation of his left leg.

	c.  An article entitled "Doc" B_____" gives a detailed history of the FSM before, during, and after his service during WWII.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that the 393rd Infantry Regiment, 99th Infantry Division was awarded the Belgian Fourragere for being cited twice in the Army Order of the Day for the periods 
18 November 1944 to 16 December 1944 and 16 December 1944 to 20 February 1945, by Headquarters, Department of the Army, General Orders Number 43, dated 1950.

12.  Army Regulation 600-8-22 (Military Awards) states that 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.  

13.  War Department Technical Manual 12-236 (Preparation of Separation
Forms) provide that the appropriate separation form will be prepared for all personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual stated that item 3 shows the grade held by the member at the time of separation. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the FSM served on active duty from15 April 1944 to 19 August 1946.  His WD AGO Form 53-98 and Certificate of Service show he held the rank of captain at the time of his release from active duty.  

2.  His rank was properly entered in his separation documents in accordance with the regulatory policy in effect at the time.  He was promoted to major after his release from active duty.  The memorandum provided by the applicant is the official record of promotion.

3.  The FSM's military service records do not show he was a member of the 99th Infantry Division.  However, the three 99th Infantry Division Checkerboard Newspaper articles show the FSM was assigned to the 99th Infantry Division.  These documents are accepted as sufficient evidence to show the FSM was assigned to the 1st Battalion, 393rd Infantry Regiment, 99th Infantry Division during WWII in the ETO from 2 September 1944 to 22 September 1945.  Therefore, the FSM is entitled to award of the Belgian Fourragere.

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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 29 of his WD AGO Form 53-98 to add Belgian Fourragere.

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 correcting the FSM's records to show his rank as major.



      _______ _   _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)                                         AR20120018307





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120018307



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1