IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140018090 


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 correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to reflect participation in a fifth campaign for Ardennes-Alsace during World War II and award of the Sharpshooter Marksmanship Qualification Badge with four component bars for the rifle, small bore rifle, machine gun, and submachine gun.

2.  The applicant states:

* he noticed some errors while reviewing his father's service records
* his father's WD AGO Form 53-55 does not list any weapons qualification badges in item 31 (Military Qualification and Date)
* his father earned the Sharpshooter Marksmanship Qualification Badge with four component bars for the rifle, small bore rifle, machine gun, and submachine gun during basic training
* he is including a newspaper clipping from September 1944 showing a photo of his father in uniform wearing the Sharpshooter Marksmanship Qualification Badge with four component bars
* he is still in possession of the original badge worn by his father in that photo and kept in a cedar chest along with his other ribbons and accoutrements
* the WD AGO Form 53-55 lists four battles and campaigns in item 32 (Battles and Campaigns) for Normandy, Northern France, Rhineland, and Central Europe but should also list Ardennes-Alsace
* his father's WD AGO Form 100 (Army Separation Qualification Record) lists his participation in five major campaigns, including Ardennes-Alsace
* the 823d Tank Destroyer Battalion history states they participated in five campaigns

3.  The applicant provides:

* FSM's death certificate
* affidavit including embedded photograph
* newspaper article
* FSM's Honorable Discharge Certificate
* FSM's WD AGO Form 53-55
* FSM's WD AGO Form 100
* excerpt of the 823d Tank Destroyer Battalion online history from an Internet website

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 was inducted into the Army of the United States on 24 July 1943 and entered active duty on 7 August 1943.

3.  The FSM served in the European theater of operations during World War II from 11 March 1944 through 5 June 1945.  He was awarded the Purple Heart for wounds received in action on 7 August 1944.  A newspaper clipping from the time quotes the FSM as stating he was not seriously wounded in action in France for which he received the Purple Heart.

4.  The FSM's WD AGO Form 100, dated 11 September 1945, contains the following remark in the Summary of Military Occupation and Civilian Conversions section of the form:  "Participated in battles of Normandy, Northern France, Ardenne [sic] Forest in Belgium, Germany, and Rhineland."  (The reference to Germany is understood to be standing in the stead of the Central Europe campaign since Rhineland is separately listed as a campaign.)

5.  On 11 September 1945, the FSM was honorably discharged based on a Certificate of Disability.  His WD AGO Form 53-55 shows in:

* item 1c (Organization) – assignment to Company A, 823d Tank Destroyer Battalion
* item 31 – no military qualifications
* item 32 – participation in the Normandy, Northern France, Rhineland, and Central Europe campaigns
* item 33 (Decorations and Citations) – award of the Distinguished Unit Badge, European-African-Middle Eastern Theater Medal, and Purple Heart

6.  There is no evidence of record showing the FSM was awarded the Sharpshooter Marksmanship Qualification Badge.

7.  There is no evidence of record showing the FSM was awarded the Army Good Conduct Medal.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  U.S. Total Army Personnel Command Permanent Orders 140-4, dated 20 May 2002, awarded the FSM the Army Commendation Medal for meritorious achievement for service on 25 March 1945.

9.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records disclosed a conviction by any court-martial during the required period of service or to one whose character or efficiency was rated below "excellent."  The fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under "remarks" in the discharge certificate.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual and unit military decorations, service medals and ribbons, combat and special skill badges and similar devices awarded in recognition of accomplishments.

	a.  Service stars are worn on campaign and service medals to denote participation in a named campaign.  A bronze service star will be awarded for wear on the European-African-Middle Eastern Campaign Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  The World War II Victory Medal was established by an act of Congress on 6 July 1945.  It is awarded for service between 7 December 1941 and 31 December 1946.

	c.  The French Fourragère 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 fourragère are red and green.  When a unit is cited four times, the colors of the fourragère are yellow and green.  Award of the fourragère 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 fourragère.  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.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for World War II and the Korean War.  It assists 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 and the Korean War.  This pamphlet shows the 823d Tank Destroyer Battalion was awarded:

* campaign credit for participation in five campaigns:  Normandy, Northern France, Rhineland, Ardennes-Alsace, and Central Europe
* the French Croix de Guerre for the period 6 August 1944 through 12 August 1944 by Department of Army General Orders Number 43, dated 1950
* the Belgian Fourragère for the periods 4 September 1944 through 10 September 1944 and 17 January 1945 through 25 January 1945 by Department of Army General Orders Number 43, dated 1950

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his father's military records to reflect participation in a fifth campaign during World War II, the Ardennes-Alsace campaign, and award of the Sharpshooter Marksmanship Qualification Badge with four component bars was carefully considered.

2.  There is no evidence of record the FSM was ever awarded the Sharpshooter Marksmanship Qualification Badge.  Although the applicant provided a photograph showing his father wearing what appears to be a marksmanship qualification badge as well as a photograph of the badge itself which he has in his possession, there is no other corroborating evidence to show the Army awarded the FSM that badge.  Therefore, there is insufficient evidence to correct his records to show award of the Sharpshooter Marksmanship Qualification Badge with any accompanying component bars.

3.  The applicant served honorably during the period 7 August 1943 through 11 September 1945.  There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his WD AGO Form 53-55 to show this award.

4.  Although the FSM's WD AGO Form 53-55 does not list his participation in the Ardennes-Alsace campaign, the WD AGO Form 100, dated 11 September 1945, does list this campaign.  Additionally, the fact that the FSM was in the European theater of operations from 11 March 1944 through 5 June 1945, was assigned to the 823d Tank Destroyer Battalion during the time frame the battalion received verified campaign participation credit for the Ardennes-Alsace campaign, does not appear to have been hospitalized due to his Purple Heart-inducing injury on 7 August 1944 which might have removed him from the battle, and was given campaign credit for the campaigns immediately preceding and following the Ardennes-Alsace campaign, bolsters a reasonable assumption that this campaign was inadvertently omitted from his discharge document.  As such, the FSM's WD AGO Form 53-55 should be corrected to show participation in the Ardennes-Alsace campaign and one silver service star with his already-awarded European-African-Middle Eastern Campaign Medal.

5.  General orders awarded the FSM's unit the Belgian Fourragère during his period of assignment.  Therefore, his WD AGO Form 53-55 should be corrected to show this unit award.

6.  The FSM's unit was cited once for award of the French Croix de Guerre.  Although he would not have been authorized to wear a ribbon, fourragère, 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.

7.  The evidence of record also shows the FSM served a qualifying period for award of the World War II Victory Medal.  Therefore, the FSM's WD AGO Form 53-55 should be corrected 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 the evidence presented is 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 the FSM the Army Good Conduct Medal (1st Award) for the period 7 August 1943 through 11 September 1945

	b.  adding the following entries to the FSM's WD AGO Form 53-55:

		(1)  Ardennes-Alsace campaign in item 32;

		(2)  Army Good Conduct Medal (1st Award), World War II Victory Medal, Belgian Fourragère, and one silver service star with his already-awarded European-African-Middle Eastern Campaign Medal in item 33; and

		(3)  "FRENCH CROIX DE GUERRE – UNIT CITATION – NO EMBLEM AUTHORIZED" in item 55 (Remarks).

2.  The Board further determined 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 correcting the FSM's WD AGO 
Form 53-55 to reflect award of the Sharpshooter Marksmanship Qualification Badge with four component bars.



      ____________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)                                         AR20140018090



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018090



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1