BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130001456 


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, the son of a deceased former service member (FSM), requests the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show the:

* Distinguished Unit Citation (currently known as the Presidential Unit Citation)
* French Croix de Guerre with silver star
* French Fourragere
* Belgian Fourragere
* American Defense Service Medal

2.  The applicant states the awards were not listed on the FSM's WD AGO Form 53-55.

3.  The applicant provides:

* WD AGO Form 53-55
* DA Form 1577 (Authorization for Issuance of Awards)
* seven pages of morning reports
* excerpt from the book titled "29 Let's Go" (A History of the 29th Infantry Division during World War II (WWII))
* awards and decorations request letter from the Military Order of the Purple Heart
* chronological record of assignments 

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 that his records were lost or destroyed in that fire.  This case is being considered based the WD AGO Form 53-55 and the morning report the applicant provides.

3.  The FSM's WD AGO Form 53-55 shows:

	a.  He was inducted into the Army on 11 August 1942 and entered active duty on 25 August 1942.

	b.  His military qualifications included the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar (M-1).

	c.  He was assigned to the 135th Ordnance Medium Maintenance (MM) Company.

	d.  He served in the European theater of operations from 21 April 1943 to 
6 July 1945.

	e.  He participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns.

	f.  He was awarded or authorized the:

* European-African-Middle Eastern (EAME) Theater Campaign Ribbon (now known as the EAME Campaign Medal) with four bronze service stars
* four overseas service bars
* one service stripe
* Purple Heart with one oak leaf cluster (2nd award)
* Army Good Conduct Medal
* Bronze Arrowhead

	g.  He was wounded in action in Normandy on 6 June 1944.

	h.  He served 8 months and 27 days of continental service 

	i.  He was honorably discharged on 4 September 1945 upon demobilization.

4.  The applicant provides seven pages of morning reports pertaining to Company A, 115th Infantry with dates ranging from 28 July 1944 through March 1945.  The FSM's name is included in these morning report which confirms he was assigned to Company A, 115th Infantry during WWII.  

5.  The chronological record of assignments provided shows the FSM was reassigned to the 135th Ordnance Company on 6 March 1945.

6.  Army Regulation 600-8-22 (Military Awards) states:

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

	b.  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.

	c.  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.

	d.  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 Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.

	e.  The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	f.   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 EAME Campaign Medal was awarded for service before 9 May 1945.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for WWII.  This pamphlet shows the 115th Infantry Regiment:

	a.  was awarded the Distinguished Unit Citation for actions on 6 June 1944;

	b.  was cited twice for award of the French Croix de Guerre for actions on 
6 June 1944 and 10-11 July 1944;

8.  Department of the Army Pamphlet 672-1 shows the 135th Ordnance MM Company received occupation credit for Germany during the period 2 May-5 July 1945.

9.  Department of the Army Pamphlet 672-1 does not show the 115th Infantry Regiment or the 135th Ordnance MM Company were cited for the Order of the Day of the Belgian Army or that they were awarded the Belgian Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the 115th Infantry Regiment was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation) during the FSM's period of assignment to this unit.  Therefore, his WD AGO Form 53-55 should be corrected to show this unit award.  

2.  Based on award of the Combat Infantryman Badge, the FSM met the eligibility criteria for award of the Bronze Star Medal.  Therefore, the FSM should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.

3.  Records shows the FSM's unit was cited twice for award of the French Croix de Guerre.  Therefore, his WD AGO Form 53-55 should be corrected to show the French Fourragere.

4.  The FSM served a period of qualifying service for award of the WWII Victory Medal.  This award should be added to his WD AGO form 53-55.

5.  Evidence shows the FSM was reassigned to the 135th Ordnance MM Company effective 6 March 1945.  Evidence further shows the 135th Ordnance MM Company received occupation credit for Germany during the period 2 May-
5 July 1945.  Therefore, he is authorized the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 53-55 to show this award.  

6.  The FSM was inducted into the Army and entered active duty in August 1942. Therefore, he did not serve a period of qualifying service for award of the American Defense Service Medal.  As a result, this portion of the applicant's request should be denied.  

7.  There is no evidence indicating the FSM's units of assignment during WWII were awarded the Belgian Fourragere.  Therefore, this portion of the applicant's request should also be denied.  

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:

	a.  awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge; and 

	b.  adding to the FSM's WD AGO Form 53-55 the following:

* Bronze Star Medal 
* Presidential Unit Citation
* French Fourragere
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp

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 Belgian Fourragere and the American Defense Service Medal.




      _______ _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)                                         AR20130001456



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ABCMR Record of Proceedings (cont)                                         AR20130001456



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