IN THE CASE OF:	  

		BOARD DATE:  5 November 2013

		DOCKET NUMBER:  AR20130004730 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the:

* French Croix de Guerre
* French Fourragere
* Netherlands Orange Lanyard
* Belgian Fourragere
* Belgian Croix de Guerre (properly known as the Order of the Day of the Belgian Army)

2.  The applicant states he served in the Normandy, Rhineland, and Ardennes campaigns and he received 3 bronze service stars and the arrowhead.  He received a letter from the National Personnel Records Center (NPRC), St. Louis, MO stating they were not the agency to correct his records.  His records were destroyed in the fire of 1973.

3.  The applicant provides:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* two letters from NPRC, dated 11 April 2005 and 19 September 2012
* one-page document, titled Distinguished Member of the 506th Infantry Regiment - Nomination Information Sheet


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 records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, his reconstructed record contains his WD AGO Form 53-55 that is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Army on 9 September 1942 and he entered active duty at Fort Dix, NJ.  He was honorably discharged on 27 September 1945 by reason of disability at the Halloran General Hospital, Staten Island, NY.  He completed 1 year, 6 months, and 4 days of continental service and 1 year, 6 months, and 16 days of foreign service.

4.  His WD AGO Form 53-55, issued at the time of his separation shows in:

	a.  item 6 (Organization) – Company  H, 506th Parachute Infantry Regiment, 101st Airborne Division.

	b.  item 30 (Military Occupational Specialty (MOS) and Number – Squad Leader  745 [Rifleman].

	c.  item 32 (Battles and Campaigns) – he participated in the Normandy, Rhineland, and Ardennes campaigns.

	d.  item 33 (Decorations and Citations):

* European-African Middle Eastern Campaign Medal with 3 bronze service stars
* Purple Heart (1st Oak Leaf Cluster or 2nd Award)
* Combat Infantryman Badge
	e.  item 34 (Wounds Received in Action) – 6 June 1944, Normandy, France and 5 January 1945, Ardennes.

	f.  item 36 (Service Outside Continental United States (OCONUS) and Return) he:

* departed CONUS on 4 September 1943 and arrived in the European Theater of Operations (ETO) in September 1943
* departed the ETO on 14 March 1945 and arrived back to the United States on 19 March 1945

5.  Department of the Army (DA) 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 World War II.  This pamphlet shows the 506th Parachute Infantry Regiment, the unit the applicant was assigned to during his service in the ETO, was:

	a.  credited with assault landing for Normandy for the period 6 through 7 June 1944 by War Department General Orders (WDGO) Number 116, dated 1946.

	b.  cited for the:

* Presidential Unit Citation (formerly known as the Distinguished Unit Citation) for actions on 6 June 1944, by WDGO Number 4, dated 1945
dated 1944
* Presidential Unit Citation for the period 18 through 27 December 1944, by WDGO Number 17, dated 1945
* French Croix de Guerre for the period 6 through 8 June 1944 by Department of the Army General Orders (DAGO) Number 43, dated 1950
* Netherlands Orange Lanyard for the period 17 September through 4 October 1944 by DAGO Number 43, dated 1950
* Belgian Fourragere for actions on 6 June 1944 and for the period 
22 through 27 December 1944 by DAGO 43, dated 1950

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 


decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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 and 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.

	b.  An "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.

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

	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 CONUS but within the American Theater of Operations or service within CONUS for an aggregate period of 1 year.

	e.  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.  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.

	f.  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.

7.  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.  Essentially, 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 that appear in DA Army Pamphlet 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 that a former Army service member may wear are the French Fourragere, Belgian Fourragere, and the Netherlands Orange Lanyard.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's unit was cited for two awards of the Presidential Unit Citation, two awards of the Belgian Fourragere, and the Netherlands Orange Lanyard.  Therefore, his WD AGO Form 53-55 should be corrected to show these unit awards.

2.  The evidence of record confirms he was awarded the Combat Infantryman Badge during his World War II service.  Therefore, he is entitled to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

3.  His unit was credited with an assault landing during the Normandy campaign.  Therefore, he is entitled to an arrowhead for wear on his already-awarded European-African Middle Eastern Service Medal and correction of his WD AGO Form 53-55 to show this device.

4.  He served during a qualifying period of service for entitlement to the World War II Victory Medal and the American Campaign Medal.  Therefore, his WD AGO 53-55 should be corrected to show these awards.


5.  With respect to the French Croix de Guerre, the French Fourragere may be awarded when a unit has been cited twice for award of the French Croix de Guerre.  Records show his unit 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.

6.  With respect to the Order of the Day of the Belgian Army, the Belgian Fourragere may be awarded when a unit has been cited twice for award of the Order of the Day of the Belgian Army.  There is no individual device authorized for the Order of the Day of the Belgian Army.  However, evidence shows two awards of the Belgian Fourragere that account for the Order of the Day of the Belgian Army citations.  Therefore, there is no basis for adding any reference of the Order of the Day of the Belgian Army to his WD AGO Form 53-55.

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:

* deleting from his WD AGO Form 53-55 the European-African Middle Eastern Campaign Medal with three bronze service stars
* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge for the period September 1943 through 14 March 1945
* adding to item 3 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* European-African Middle Eastern Campaign Medal with three bronze service stars and one arrowhead
* World War II Victory Medal


* American Campaign Medal
* Presidential Unit Citation (2nd Award)
* Netherlands Orange Lanyard
* Belgian Fourragere

* adding to item 55 (Remarks) of his WD AGO 53-55 the entry "French Croix De Guerre – Unit Citation – No Emblem Authorized"

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 award of the French Croix de Guerre and the Order of the Day of the Belgian Army.



      _______ _  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)                                         AR20130004730



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