IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021331 


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 wife of a deceased former service member (FSM), requests correction of her husband's records to show award of:

* 2 additional bronze service stars for wear on his European-African-Middle Eastern Campaign Medal 
* Army of Occupation Medal with Germany Clasp
* 2 French Fourragere Unit Citations
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 1st or 2nd class Marksmanship Qualification Badge with Field Artillery Bar

2.  The applicant states, in effect:

   a.  Based on the FSM's combat with Company H, 2nd Battalion, 315th Infantry Regiment throughout World War II (WWII) and the occupation of Germany, as well as his service with Headquarters and Headquarters Company, 2nd Battalion, 318th Infantry Regiment, his records are incomplete.

   b.  Department of the Army General Orders were not complete and published until the 1950s and the FSM was not aware of the awards.  It is in the interest of the American people and the FSM's family to have an accurate historical record of all military veterans to understand the sacrifice made by them and in particular the WWII veterans since most of their records were destroyed in the 1973 fire.    



3.  The applicant provides:

* a self-authored statement
* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Extracts from Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register)
* a one-page extract from a publication
* General Orders Number 45
* 5 pages of personal correspondence
* Certificate of Death

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 record is 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 his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his WD AGO Form 53-55 and several documents provided by the National Personnel Records Center, St. Louis, MO.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 10 March 1943 and he entered active duty on 17 March 1943.  His most significant unit of assignment was Headquarters Company, 2nd Battalion, 318th Infantry Regiment.  He was honorably discharged on 22 January 1946, after completing a total of 2 years, 10 months, and 6 days of active military service.  He held the rank of private first class at the time of separation.

4.  His WD AGO Form 53-55 also contains the following pertinent information.

	a.  Item 31 (Military Qualifications and Date) shows he was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar and the Combat Infantryman Badge.

	b.  Item 32 (Battles and Campaigns) shows he participated in the Northern France, Rhineland, and Central Europe campaigns.

	c.  Item 33 (Decorations and Citations) shows he was awarded the:

* Army Good Conduct Medal
* American Theater Ribbon
* European-African-Middle Eastern Campaign Medal with 3 bronze service stars
* 3 overseas service bars
* Distinguished Unit Badge
* WWII Victory Medal

   d.  Item 36 (Service Outside Continental United States and Return) shows he arrived in the European Theater of Operations on 14 July 1944 and departed for the continental United States on 1 January 1946.

5.  The applicant provides a self-authored statement in which she lists the primary Army units she believes the FSM was assigned to; however, there is insufficient evidence in the FSM's military records and she provides insufficient evidence to show he served in Europe in any unit other than the 318th Infantry Regiment. 

6.  Department of the Army Pamphlet 672-1 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This pamphlet shows:

   a.  In addition to the campaigns already shown on the FSM's WD AGO Form 53-55, the 318th Infantry Regiment was also credited with serving in the Ardennes-Alsace campaign for the period 16 December 1944 through               25 January 1945.

   b.  This document also shows the 318th Infantry Regiment was credited with the occupation of Germany during the period 20 May through 30 October 1945.

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

8.  Army Regulation 600-8-22 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.

9.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and supporting evidence has been carefully considered.  While the applicant provided a list of the primary Army units she believes the FSM was assigned to, there is insufficient evidence in the FSM's military records and she provided insufficient evidence to show the FSM served in Europe during WWII in any unit other than the 318th Infantry Regiment.

2.  The evidence of record shows the FSM was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is authorized award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

3.  Based on the FSM's assignment to the 318th Infantry Regiment, he should receive an additional bronze service star for wear on his previously awarded European-African-Middle Eastern Campaign Medal for serving in the Ardennes-Alsace campaign during the period 16 December 1944 through 25 January 1945.

4.  The evidence of record shows the FSM's unit received occupation credit, making him eligible for award of the Army of Occupation Medal with Germany Clasp.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show this medal.

5.  The evidence is insufficient to show the FSM served in Europe during WWII in any unit other than the 318th Infantry Regiment.  Department of the Army Pamphlet 672-1 fails to list the 318th Infantry Regiment as receiving a foreign award; therefore, there is no basis to correct the FSM's record to show award of the French Fourragere.

6.  The available records are void of documentation showing the weapons qualifications the FSM achieved during his active duty service.  In the absence of such documentation, there is no basis for correcting the FSM's WD AGO Form 53-55 to show any additional marksmanship qualification badges.

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.  deleting the European-African-Middle Eastern Campaign Medal with         3 bronze service stars from the FSM's WD AGO Form 53-55;

   b.  posthumously awarding the FSM the Bronze Star Medal based upon the FSM's award of the Combat Infantryman Badge; and

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

* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with 4 bronze service stars
* Army of Occupation Medal with Germany Clasp 

2.  The Board further determined that the evidence presented was 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 awarding the FSM a fifth bronze service star, two French Fourragere Unit Citations, and additional Marksmanship Qualification Badges.  




      _______ _   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)                                         AR20130021331



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ABCMR Record of Proceedings (cont)                                         AR20130021331



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