IN THE CASE OF:	  

		BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150003273 


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 (Report of Separation) to show he was awarded the Combat Leader Bar (in effect, Green Combat Leader Stripe), Purple Heart, "la Decoration Militaire de 2e Classe," and Bronze Star Medal.

2.  The applicant states, in effect:

* The Combat Leader Stripe consists of a green cloth strip sewn on the jacket sleeve
* The only proof that he has showing he was wounded in combat is in the wording of the excerpts from "The Making Of A Paratrooper"
* The author (of this book) was in his Battalion S-2 section, and they were on patrol together when he was wounded
* His wound was cleaned and bandaged and he was able to return to duty

3.  The applicant provides:

* Self-authored letter, dated 9 February 2015
* Member of Congress letter, dated 25 July 1995
* U.S. Army Reserve Personnel Center letter, dated 27 September 1995
* Central Military Registration Office letter (Undated)
* Self-authored letter, dated 5 July 1993
* Consulate of Belgium letter, dated 9 January 2001
* Notification of award of the "la Decoration Militaire de 2e Classe" by the Belgian Government 
* Bronze Star Medal Certificate, dated 29 February 1996
* Copies of excerpts from a book

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 in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 27 July 1943.  He completed training as an intelligence noncommissioned officer.

4.  He was honorably discharged on 20 December 1945, for the convenience of the government.  His WD AGO Form 53-55 shows the following decorations and citations:

* European-African-Middle Eastern (EAME) Theater Campaign Medal with three bronze service stars
* Good Conduct Medal
* World War II Victory Medal
* One bronze arrowhead to be worn with the EAME Theater Campaign Medal
* Marksman Marksmanship Qualification Badge (30 Caliber Carbine Rifle)
* Sharpshooter Marksmanship Qualification Badge (30 Caliber M-1 Rifle)
* Combat Infantryman Badge
* Parachutist Badge
* Lapel Button

5.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 contains the entry "None."

6.  On 3 July 1946, the Belgian Government awarded the applicant the la Decoration Militaire de 2e Classe per Decree Number 1051, dated 10 October 1945, for bravery.

7.  On 4 June 1993, the applicant was notified by the Army Reserve Personnel Center that he was also authorized the following awards, which are not shown on his WD AGO Form 53-55:

* Bronze Star Medal (based on award of the combat infantryman badge)
* Presidential Unit Emblem
* American Campaign Medal

8.  The applicant provides excerpts from what appears to be a magazine or a book, which he contends is titled "The Making of a Paratrooper" and it was authored by someone who was in his Battalion S-2 section.  These excerpts refer to an individual who sustained a foot injury on an unknown date (the applicant appears to contend he was that individual).

9.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “Green Combat Leader Stripe.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the WD AGO Form 53-55 as it is an item of uniform wear and not an award or decoration.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  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 World War II.

	c.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded to units for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

	d.  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 permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

	e.  "La Decoration Militaire de 2e Classe" is not listed among the foreign awards authorized for acceptance and wear.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Although he was awarded "la Decoration Militaire de 2e Classe" it is not authorized for acceptance and wear, it should not be added on his WD AGO Form 53-55.  The "Green Combat Leader Stripe” is a shoulder sleeve insignia and there are no provisions for entering the shoulder sleeve insignia for former wartime service on the WD AGO Form 53-55 as it is an item of uniform wear and not an award or decoration.

3.  The applicant provides excerpts from a book, which he contends is titled "The Making of a Paratrooper," referring to a wounded individual who he contends was him.  Unfortunately, there is simply insufficient evidence to conclude that he was wounded in action while he was in the Army.

4.  The available evidence shows that he is authorized the following awards that should be added on his WD AGO Form 53-55:

* Bronze Star Medal
* Presidential Unit Citation
* American Campaign Medal

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 awarding him the Bronze Star Medal based on his award of the Combat Infantryman Badge and amending his WD AGO Form 53-55 to add the following awards:

* Bronze Star Medal
* Presidential Unit Citation
* American Campaign Medal

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 amending his WD AGO Form 53-55 to add the:

* "la Decoration Militaire de 2e Classe"
* 
"Green Combat Leader Stripe”
* Purple Heart




      _______ _   __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)                                         AR20150003273



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ABCMR Record of Proceedings (cont)                                         AR20150003273



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