IN THE CASE OF:	  

		BOARD DATE:	  27 June 2014

		DOCKET NUMBER:  AR20130017918 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge Certificate) to show awards of the:

* Presidential Distinguished Unit Citation (currently known as the Presidential Unit Citation)
* French Croix de Guerre with Silver Star
* Belgian Croix de Guerre

2.  The applicant states, in effect, he understands that his unit received two medals after World War II and he would like these medals for his records.  The 517th Parachute Infantry Regiment was awarded the Presidential Unit Citation, French Croix de Guerre with Silver Star, and Belgian Croix de Guerre.

3.  The applicant provides copies of the following:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* Information sheet show the 517th Parachute Infantry Regiment was awarded the Presidential Unit Citation, French Croix de Guerre with Silver Star and Belgian Croix de Guerre
* DA Form 1577 (Authorization for Issuance of Awards)
* letter from the National Personnel Records Center (NRPC)


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 complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the NPRC in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered active duty on 22 March 1943.  He served in Italy from 31 May 1944 through 12 August 1945.  His organization was Company H, 517th Parachute Infantry.

4.  He was discharged on 27 October 1945.  His WD AGO Form 53-55 lists in:

* Item 30 (Military Occupational Specialty and NO.) –Platoon Sergeant 745
* Item 31 (Military Qualification and Date) – Combat Infantryman Badge and Parachutist Badge
* Item 32 (Battles and Campaigns) – Rome-Arno, Southern France, Ardennes, Rhineland, and Central Europe
* Item 33 (Decorations and Citations) – Army Good Conduct Medal, Purple Heart, Bronze Star Medal, and European-African-Middle Eastern Campaign Medal with Bronze Arrowhead
* Item 55 (Remarks) Honorable Service Lapel Button, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Carbine and Machine Gun Bars





5.  He provided copies of the following:

   a.  An information sheet, dated 2 June 1993, which shows the 1st Battalion, 517th Parachute Infantry Regiment, was awarded the Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 10, dated 1948 and the Belgian Croix de Guerre by DAGO Number 43, dated 1950.
   
   b.  The 517th Parachute Infantry Regiment was awarded the French Croix De Guerre with Silver Gilt Star by DAGO Number 43, dated 1950.

   c.  A DA Form 1577, dated 4 June 1999, page 2 of 2, which shows he was issued the following awards:

* Combat Infantryman Badge
* World War II Honorable Service Label Button
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine and Machine Gun Bars

   d.  A letter from the NRPC, dated 19 September 2013, wherein he was advised the record needed to answer his inquiry was not in their files because a fire destroyed the major portion of records of Army military personnel from the period 1912 through 1959.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), a register of unit citations and campaign participation credits for World War II and the Korean War, shows the applicant's unit, Company H, 2nd Battalion, 517th Parachute Infantry Regiment, was cited for the:

   a.  French Croix de Guerre for the period of service from 15 August through 19 November 1944 and the Order of the Day of the Belgian Army, for the period 20 to 29 January 1945, by DAGO Number 43, dated 1950.

   b.  The French Croix de Guerre was instituted on 8 April 1915 by the French Government to recognize acts of bravery in the face of the enemy specifically mentioned in dispatches during World War II.  The Croix de Guerre may be bestowed at different levels of command.  The level of the awarding command 

determines the appurtenance that is worn on the ribbon.  The lowest degree is represented by a bronze star and the highest degree is represented by a silver Palm.  The cross was worn with the appropriate attachments to signify the singular or multiple awards of the decoration:
   
* Bronze star for those who were mentioned at the regiment or brigade level
* Silver Star for those who were mentioned at the division level
* Silver Gilt Star for those who were mentioned at the corps level
* Bronze Palm for those who were mentioned at the army level
* Silver Palm represents five bronze mentions

7.  Army Regulation 600-8-22 (Military Awards) states 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 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.  Army Regulation 600-8-22 states the Belgian Fourragere may be awarded when a unit has been cited twice in the Order of the Date of the Belgian Army.  Persons who were present in only one action are not authorized to wear the Fourragere.

9.  Department of the Army Pamphlet 672-1 does not show his unit was cited for the Presidential Unit Citation.  This award was awarded only to the 1st Battalion of the 517th Parachute Infantry Regiment.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit, Company H, 2nd Battalion, 517th Infantry Regiment, was cited once for the French Croix de Guerre and the Order of the Day of the Belgian Army during World War II.  Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on one-time citation, an entry should be made on his WD AGO 53-55 to show these citations. 

2.  With respect to adding the Presidential Unit Citation to his WD AGO    Form 53-55, GO, this award was only authorized for the 1st Battalion, 517th Parachute Infantry Regiment during World War II.  Therefore, he is not entitled to correction of his WD AGO Form 53-55 to show this award.


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 adding to item 55 (Remarks) of the applicant's WD AGO Form 53-55 the entry :

"ORDER OF THE DAY OF THE BELGIAN ARMY (BELGIAN CROIX DE GUERRE") AND "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 correction of his WD AGO Form 53-55 to list the Presidential Unit Citation and French Croix de Guerre with Silver Star.



      _______ _   _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)                                         AR20130017918



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017918


   
2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1