IN THE CASE OF: 

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20130021586 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show he was assigned to the 3rd Battalion, 505th Parachute Infantry Regiment (PIR) and to add the following unit awards:

* Netherlands Military Order of William
* French Croix de Guerre/Fourragere
* Belgian Fourragere

2.  The applicant states, in effect, that based on his unit of assignment he is authorized these additional foreign awards for his service during World War II.

3.  The applicant provides his WD AGO Form 53-55 and a Wikipedia internet printout of the history of the 505th PIR.

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 National Personnel Records Center (NPRC), St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents he provides and documents contained in a reconstructed record at NPRC.

3.  His WD AGO Form 53-55 shows he enlisted in the Army of the United States on 17 April 1942.

4.  The available records contain:

	a.  a Company Morning Report, dated 28 August 1943, which shows he was assigned to Company H, 505th PIR prior to his reassignment to the 56th Evacuation Hospital, North Africa; and 

	b.  a Letter of Commendation presented to the applicant on 20 June 1945 for his exemplary conduct while assigned to the 505th PIR.

5.  He was honorably discharged on 23 September 1945.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) – he was assigned to the 507th PIR (this unit is also listed on his Honorable Discharge Certificate)
* item 31 (Military Qualification and Date) – he was awarded the Combat Infantryman Badge (CIB)
* item 33 (Decorations and Citations) – 

* European-African-Middle Eastern (EAME) Campaign Medal with 
6 Bronze Service Stars and a Bronze Arrowhead
* Good Conduct Medal
* Purple Heart
* Distinguished Unit Citation

* item 34 (Wounds Received in Action) – "France 1944"
* item 36 – he arrived in the EAME Theater of Operations (ETO) on 10 May 1943 and departed on 7 September 1945
* item 37 (Total Length of Service) - he completed 1 year and 20 days of continental service and 2 years, 4 months, and 15 days of foreign service

6.  A War Department Form 372A (Final Payment - Work Sheet) for the period September 1945 shows he received parachute pay for the period 1 September to 15 September 1945.

7.  He provides a Wikipedia printout of the history of the 505th PIR which shows the unit was cited for award of the Netherlands Military Order of William, French Croix de Guerre/Fourragere, and the Belgian Fourragere.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists occupation credit for World War II units.  It shows the 505th PIR:

* received assault landing credit for Normandy (6 - 7 June 1944) and Nijmegen Arnhem (17 September 1944)
* was cited for award of the – 

* French Croix Fourragere (5 - 6 June 1944 and 6 - 20 June 1944)
* Netherlands Military Order of William (17 September - 28 November 1944)
* Belgian Fourragere (17 - 31 December 1944 and 1 - 23 January 1945)

* received occupation credit for Germany during the period 2 May - 4 July 1945

9.  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 is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II.

	b.  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 service within the continental United States for an aggregate period of one year.

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
	
	d.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  A clasp is worn with this medal to denote the theater in which occupation service was performed.  The Army of Occupation Medal with Germany Clasp is awarded for qualifying service between 9 May 1945 and 5 May 1955 in the European Theater of Operations.

	e.  The basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	f.  A bronze service star is worn on the appropriate service ribbon, to include the EAME Campaign Medal, for each credited campaign.  The bronze service star is also affixed to the Parachutist Badge to denote participation in a combat parachutist jump, retroactive to 7 December 1941.

	g.  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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units that are authorized foreign awards.  This pamphlet shows the 505th Infantry Regiment was cited for award of the Netherlands Military Order of William, the French Fourragere, and the Belgian Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was assigned to the 505th PIR.  His WD AGO Form 53-55 and his Honorable Discharge Certificate should be corrected to show this unit.
2.  Based on his award of the CIB, he is entitled to award of the Bronze Star Medal and correction of his record to show this award.

3.  The applicant met the eligibility for award of the World War II Victory Medal and American Campaign Medal.  His WD AGO should be corrected to add these awards.

4.  He received parachute pay, and the available evidence indicates he participated in two combat parachute jumps.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Parachutist Badge with two bronze service stars.

5.  He served with the 505th PIR during a period for which the unit received occupation credit for Germany.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Army of Occupation Medal with Germany Clasp.

6.  His unit was cited for award of the Belgian Fourragere, French Fourragere, and the Netherlands Military Order of William; therefore, an entry should be made on his WD AGO Form 53-55 to show these foreign awards.

7.  Although he provided a Wikipedia printout showing his unit was cited for award of the French Croix de Guerre, this award should not be shown on his WD AGO Form 53-55.  When a unit is cited twice for this foreign award, the French fourragere is awarded and subsequently shown on the discharge document.

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 him the Bronze Star Medal based on his award of the CIB;

	b.  adding to item 33 of his WD AGO Form 53-55 –

* Bronze Star Medal
* World War II Victory Medal
* American Campaign Medal
* Parachutist Badge with two bronze service stars
* Army of Occupation Medal with Germany Clasp
* French Fourragere
* Belgian Fourragere
* Netherlands Military Order of William

	c.  correcting item 6 of his WD AGO Form 53-55 and his Honorable Discharge Certificate to show his unit of assignment as the 505th Parachute Infantry Regiment.

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 showing the French Croix De Guerre on his WD AGO Form 53-55.




      _______ _  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)                                         AR20130021586



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ABCMR Record of Proceedings (cont)                                         AR20130021586



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