IN THE CASE OF:	  

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130017320 


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 reconsideration of his earlier request for correction of his father's records to show award of the Croix de Guerre with Palm. 

2.  The applicant states during his father's service in the European Theater of Operations (ETO) from 17 April 1944 to 11 September 1945, his unit, Company G, 313th Infantry Regiment, was awarded the Croix de Guerre with Palm. 

3.  The applicant provides:

* Army Board for Correction of Military Records (ABCMR) Docket Number AR20120016082, dated 30 April 2013
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* Honorable Discharge Certificate
* Letter from the Embassy of France
* Citation for the French Croix de Guerre with Palm

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120000772, on 19 July 2012, and Docket Number AR20120016082, on 30 April 2013. 

2.  The applicant provides a letter from the Embassy of France and a citation for the French Croix de Guerre with Palm that were not previously considered.  They are considered new evidence and warrant consideration by the Board. 

3.  The FSM was inducted into the Army of the United States and entered active duty on 23 September 1943.  He held an infantry specialty.  At the time his separation, he was assigned to Headquarters Company, 393rd Infantry Regiment.  

4.  It was later determined he served in the ETO, through 4 (later amended to 5) campaigns, with Company G, 313th Infantry Regiment, from 17 April 1944 to 11 September 1945.  

5.  He was honorably discharged on 18 November 1945.  His WD AGO Form  53-55, as amended by two DD Forms 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), dated 12 September 2012 and 28 May 2013 respectively, shows he was awarded or authorized the: 

* Combat Infantryman Badge
* Good Conduct Medal
* Purple Heart with 2 Oak Leaf Clusters
* European-African-Middle Eastern Campaign Medal with silver service star
* Bronze Star Medal
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp 
* Meritorious Unit Commendation (2nd Award)
* Belgian Fourregere (on DD Form 215, dated 12 September 2012)
* French Fourragere (on DD Form 215, dated 28 may 2013)
* Presidential Unit Citation

6.  He provides: 

	a.  A letter, dated 12 September 1983 from the Embassy of France in Washington DC, informing him that decision number 273, dated 22 July 1946, awarded the French Croix de Guerre with Palm to the 79th Infantry Division.  The letter added that according to French regulations, only those whose name appear on the text of the citation are entitled to this award and that the FSM's name was not mentioned. 

	b.  A Citation (Decision Number 273) awarding the 79th Division and subordinate/other units, including the 313th Infantry Regiment, the French Croix de Guerre with Palm. 

7.  Army Regulation 600-8-22 (Military Awards) 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.

8.  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 (Unit Citation and Campaign Credit Register) 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.  

9.  When the Croix de Guerre is awarded to an individual on a by-name basis, there is a personal decoration which can be worn by the recipient.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant provided a letter and a citation issued by the Government of France awarding the 79th Division and subordinate/other units, including the 313th Infantry Regiment (the FSM's unit), the French Croix de Guerre with Palm, Department of the Army has clarified that 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.  He was issued a DD Form 215 on 12 September 2012 that added the Belgian Fourragere and a second DD Form 215 on 28 May 2013 that added the French Fourragere.  (Award of the French Fourragere means the unit has twice been cited for the Croix de Guerre.)

2.  Furthermore, when the Croix de Guerre is awarded to an individual on a by-name basis, a personal decoration can be worn by the recipient.  However, the FSM was not identified by name and, therefore, he did not receive the individual citation. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120000772, dated 19 July 2012, and Docket Number AR20120016082, dated 30 April 2013.



      ___________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)                                         AR20130017320





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ABCMR Record of Proceedings (cont)                                         AR20130017320



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