IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150003542


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 daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to add: 

* WWII Victory Medal with 4 bronze stars
* Croix de Guerre (French Croix de Guerre)
* Presidential Unit Citation (PUC)
* bronze stars with attachments (presumed to mean bronze service stars)
* Combat Infantryman Badge (CIB)
* Expert Infantryman Badge (EIB)
* Army of Occupation Medal with Germany Clasp 
* Metz Medal of Liberation
* any related commemorative medals given for service in the cities of Metz and Nancy

2.  The applicant states, in effect, that her family is putting together a "shadow box" of the FSM's awards and decorations, as a family heirloom to pass down to generations.  The applicant has been doing research but does not know if it's correct; she requests assistance in completing the FSM's records.    

3.  The applicant provides:

* her birth certificate and her notification of birth registration 
* a copy of a prayer card that lists the FSM's date of death
* a copy of the FSM's WD AGO Form 53-55
* a copy of the FSM's Honorable Discharge Certificate
* WD AGO Form 100 (Army of the United States - Separation Qualification Record)
* extracts of internet articles regarding the CIB, the 70th Infantry Division Association, the history of the 176th Field Artillery Battalion during WWII, and WWII recipients of the PUC

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 records are 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 the applicant's 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 using reconstructed records, which primarily consist of evidence provided by the applicant and the FSM's WD AGO Form 53-55.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 19 May 1941 and was honorably discharged on 26 October 1945.  This form shows the following pertinent information:

* item 3 (Grade) - Technician 5
* item 4 (Arm or Service) - FA (Field Artillery) 
* item 6 (Organization) – Battery A, 176th Field Artillery Battalion 
* item 30 (Military Occupational Specialty) – Postal Clerk  056
* item 31 (Military Qualification and Date) – Carbine .30 Caliber, M-1 (Rifle) Marksman, 1944  
* item 32 (Battles and Campaigns) – Northern France, Rhineland, Ardennes, and Central Europe
* item 33 (Decorations and Citations) –

* Army Good Conduct Medal
* European-African-Middle Eastern Service [sic, Campaign] Medal with 
4 bronze stars
* American Defense Service Medal

* item 34 (Wounds Received in Action) – "None"
* item 36 (Service Outside Continental U.S. and Return), he departed the U.S. on 2 July 1944 en-route to England and arrived on 9 July 1944 and departed 6 October 1945 en-route to the U.S. and arrived on 15 October 1945 
* item 37 (Total Length of Service) he completed 3 years, 1 month, and 
24 days of continental service and 1 year, 2 months, and 14 days of foreign service

4.  The applicant provides the FSM's WD AGO Form 100, which shows the FSM served as a field artilleryman for 27 months and as a postal clerk for 21 months. 

5.  The applicant provides extracts of internet reference material pertaining to the CIB, the 70th Infantry Division Association, the 176th Field Artillery Battalion, and WWII units that received the PUC.  However, none of these references are from official military sources.  

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

     a.  A bronze service star is worn on the appropriate service ribbon, to include the European-African-Middle Eastern Campaign Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars.

     b.  The World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

     c.  The Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

     d.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded 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. 
     e.  The Croix de Guerre is a military decoration of the country of France. The Croix de Guerre was established on 8 April 1915 and was awarded by the Government of France to both U.S. Army units and to individuals allied to France.  
   f.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who served in WWI and WWII.  This guidance states there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units that appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere, and the Netherlands Orange Lanyard.  

7.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen.  The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.

8.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay and holders of the EIB were entitled to expert infantry pay.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, pay records are frequently the best available source to verify entitlement to this award.  The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that the CIB was normally awarded only to enlisted individuals who served in the following positions during World War II:

* light machine gunner (604)
* heavy machine gunner (605)
* platoon sergeant (651)
* squad leader (653)
* rifleman (745)

9.  War Department Circular 408 replaced War Department Circular 186.  War Department Circular 408 stated:  "Effective 1 November 1944 the award of the Expert Infantryman Badge and the Combat Infantryman Badge is restricted to officers, warrant officers and enlisted men assigned to infantry regiments, infantry battalions and elements thereof designated as infantry in tables of organization or tables of organization and equipment."  Announcement of the awards would be made in regimental or unit orders.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and of campaign participation credits for World War II.  This pamphlet shows the 176th Field Artillery Battalion:  

* was credited with participation in Northern France, Rhineland, Ardennes-Alsace, and Central Europe campaigns
* authorized occupation credit for Germany during the period 2 May to 
5 July 1945; therefore, Soldiers assigned to and present for duty with the battalion during this period are  authorized the Army of Occupation Medal with Germany Clasp

11.  Title 32 of the Code of Federal Regulations, Part 578, lists the official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint; however, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they are not shown on a discharge document.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the daughter of a deceased FSM, requests correction of her father's WD AGO Form 53-55 to show a number of awards and decorations she believes he is authorized. 

2.  The FSM served a period of qualifying service for award of the World War II Victory Medal; however, this award is not listed on the FSM's WD AGO 
Form 53-55.  Bronze service stars are not worn with this award.  

3.  The FSM participated in four campaigns during his service in WWII.  Service in these four campaigns is properly reflected by four bronze service stars authorized to be affixed to the FSM's European-African-Middle Eastern Campaign Medal.  This award is listed on the FSM's WD AGO Form 53-55.  

4.  During the period of the FSM's assignment, the 176th Field Artillery Battalion received occupation credit for Germany.  This would qualify the FSM for the Army of Occupation Medal with Germany Clasp.   

5.  In order to be awarded the EIB, the FSM must have demonstrated a certain amount of proficiency as measured by standard tests while assigned to an infantry unit or by satisfactory performance of duty in action against the enemy.  In order to be awarded the CIB, three requirements must be met.  First, the FSM must have been an infantryman satisfactorily performing infantry duties; second, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat; and third, he must have actively participated in such ground combat.  

6.  The FSM did not hold an infantry MOS and was not assigned to an infantry unit during his service in WWII.  Instead, the available evidence shows he held the specialty of a field artillery cannoneer and postal clerk in an artillery unit during his period of WWII service.  Absent official orders, there is an insufficient basis to add the EIB or CIB to the FSM's record. 

7.  There is no evidence that the FSM's unit was awarded the PUC.

8.  There is no evidence that either the FSM or his unit was awarded the Croix de Guerre.  

9.  Title 32 of the Code of Federal Regulations, Part 578, lists the official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint; however, Army Regulation 670-1 prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they are not shown on a 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 amending the FSM's WD AGO Form 53-55 to show he was awarded or authorized the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp.

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 the FSM's         WD AGO Form 53-55 to show he was awarded or authorized:

* Combat Infantryman Badge
* Expert Infantryman Badge
* French Croix de Guerre
* Presidential Unit Citation
* any commemorative medals 



      ______________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)                                         AR20140019441



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ABCMR Record of Proceedings (cont)                                         AR20150003542



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