PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             24 February 2000                 
	DOCKET NUMBER:     AR1999028053

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation (DUC) until
3 November 1966), the French Croix de Guerre and any awards to which he may be entitled.

3.  The applicant states, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) should be corrected to show award of the Presidential Unit Citation, the French Croix de Guerre and any medals that he may be entitled.  In support of his application, he submits a copy of his WD AGO Form 53-55; a letter of explanation dated 25 January 2000 wherein he indicates that he was an infantry machine gunner and not a medic; a letter of explanation dated
28 January 2000 wherein he describes his infantry history and indicates that he sustained shrapnel wounds in his lower back; a copy of WD AGO Form 100 (Separation Qualification Record); letters from the applicant to his brother during World War II and photographs depicting soldiers during the war.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
18 February 1943.  He served in the European Theater of Operations from 
21 July 1943 through 17 August 1945 and was honorably discharged on 
26 October 1945.

5.  The applicant’s WD AGO Form 53-55 shows the Distinguished Unit Badge (correctly known as the DUC and currently known as the Presidential Unit Citation) as an authorized award.  His WD AGO Form 53-55, which was authenticated in his own hand, does not show the French Croix de Guerre or the Purple Heart as authorized awards.  

6.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 168th Infantry Regiment, 34th Infantry Division, received the DUC for actions during the period 29 November to 3 December 1943 by War Department General Order 86-44.  The applicant’s unit was not awarded any additional awards of the DUC while he was assigned to it.       

7.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, also shows the applicant’s unit was cited for the French Croix de Guerre for actions during the period
1 December 1943 to 31 July 1944.  His unit was cited for this unit award by Department of the Army General Order 43, dated 1950. 

8.  There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 states “NONE”.  

9.  The applicant’s Final Payment Work Sheet shows he was entitled to combat infantry pay.  

10.  Army Regulation 600-8-22 (Military Awards) 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, then 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.  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 had served in World War I and World War II.  Essentially, this guidance states that 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 which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William.  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.    

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.
 
12.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.  

13.  Army Regulation 600-8-22 also provides, in pertinent part, that 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The applicant’s discharge document shows one award of the Distinguished Unit Badge (correctly known as the DUC and currently known as the Presidential Unit Citation).  Evidence of record shows the applicant’s unit was only awarded one award of the DUC.  Therefore, this award is properly displayed on the applicant’s WD AGO Form 53-55.  

2.  Evidence of record shows that the applicant’s unit was cited by the French Government for award of the Croix de Guerre during his assignment in World War II.  Therefore, he is entitled to correction of his military records to show this foreign unit award.  
 
3.  Although the applicant contends that he sustained shrapnel wounds to his lower back during World War II, there is no evidence available to the Board which shows that he was wounded or treated for wounds due to hostile action.  Therefore, he is not entitled to award of the Purple Heart.

4.  Evidence of record shows the applicant received combat infantry pay during World War II.  Therefore, he is entitled to award of the Combat Infantryman Badge.

5.  The applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).
6.  The applicant is entitled to award of the World War II Victory Medal for his service between 18 February 1943 and 26 October 1945.  Therefore, he is entitled to correction of his military records to show this award. 

7.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the French Croix de Guerre as a unit award, the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the World War II Victory Medal. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

CLA____  JPH_____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028053	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451026	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government and Demobilization	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0031	
2.		
3.		
4.		
5.		
6.