PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 March 2001                  
	DOCKET NUMBER:   AR2000049790

	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.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. William D. Powers		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 military records to show award of an unspecified unit citation, the Meritorious Service Medal, the Joint Commendation Medal (correctly known as the Joint Service Commendation Medal), the Armed Forces Expeditionary Medal, the Armed Forces Reserve Medal, the French Fourragere, the Belgian Fourragere, the Netherlands Orange Lanyard, a bronze service star, a bronze arrowhead, a bronze “V” device and the Purple Heart.

3.  The applicant’s request for the Silver Star was addressed by separate correspondence to the applicant.

4.  The applicant states, in effect, that he earned these awards and decorations in service to his country.  He also contends that he served with the
420th Armored Field Artillery Battalion,10th Armored Division and was wounded in action on 24 December 1944.  In support of his application, he submits an undated letter from his son; a letter, dated 9 February 2000, from his son; an Emergency Addressee and Personal Property Card; his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a Privacy Waiver; orders, dated 
30 April 1945, for a Certificate of Merit; an After Action Report for 11 May to 
31 May 1945; excerpts of a document titled “Unit History”; a photograph of seven soldiers; a Certificate of Merit; a document titled “10th Armored “Tiger” Division 1944-45 European Theatre of Operations”; and a document titled “Chapter XIII VIII Corps Attempts to Delay the Enemy”.

5.  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
7 November 1942.  He served as a gun crewman in the European Theater of Operations from 23 September 1944 through 27 December 1945 and was honorably discharged on 13 January 1946.

6.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Meritorious Service Medal, the Joint Service Commendation Medal, the Armed Forces Expeditionary Medal, the Armed Forces Reserve Medal, the French Fourragere, the Belgian Fourragere, the Netherlands Orange Lanyard, a bronze service star, a bronze arrowhead, a bronze “V” device or the Purple Heart as authorized awards.  The discharge document does show the Distinguished Unit Badge as an authorized award.  

7.  The applicant’s discharge document shows his organization as Battery C, 264th Field Artillery Battalion.  The applicant also provided orders for a Certificate of Merit which shows he was assigned to the 420th Armored Field Artillery Battalion, 10th Armored Division, during his assignment in the European Theater of Operations.

8.  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 
420th Armored Field Artillery Battalion, 10th Armored Division, received the Meritorious Unit Commendation for actions during the period 23 September to 
22 December 1944 by General Orders 117 dated 1 June 1945.  This award is not shown on his discharge document.
  
9.  There is no evidence in the available records which shows the applicant was recommended for or awarded the Meritorious Service Medal.

10.  There is no evidence in the available records which shows the applicant met the qualifications for award of the Joint Service Commendation Medal, the Armed Forces Expeditionary Medal or the Armed Forces Reserve Medal.

11.  There is no evidence in the available records which shows that the applicant’s unit was cited twice for award of the French Croix de Guerre by the French Government.

12.  There is no evidence in the available records which shows that the applicant’s unit was cited twice in the Order of the Day of the Belgian Army by the Belgian Government.

13.  There is no evidence in the available records which shows that the applicant’s unit was cited and awarded the Netherlands Military Order of William.  
14.  The applicant served in the European Theater of Operations from 
23 September 1944 through 27 December 1945 and participated in three campaigns (Ardennes, Rhineland and Central Europe).  

15.  There is no evidence in the available records which shows the applicant participated in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.

16.  There is no evidence in the available records which shows that the applicant was recommended for or awarded the bronze “V” device for acts of heroism involving conflict with an armed enemy.  

17.  There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 states “NONE”. 

18.  A DD Form 1577 (Authorization for Issuance of Awards), dated 8 May 1991, shows that the Army Reserve Personnel Center in St. Louis, Missouri, 
determined that the applicant was eligible for the Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army of Occupation Medal with Germany Clasp and the Combat Infantryman Badge.  These awards are not shown on his discharge document.    

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Meritorious Service Medal is awarded to a members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.  The military awards regulation shows in paragraph 3-14 that the Meritorious Service Medal is awarded after 16 January 1969 for outstanding meritorious achievement or service.  

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963 and implemented by DOD 1348.33-M.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 1 January 1963, distinguished themselves by meritorious achievement or service.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.

22.  Army Regulation 600-8-22, in pertinent part, provides for award of the Armed Forces Reserve Medal (AFRM). It is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  The conditions for award of the AFRM include requirements for such service to be completed within 
12 consecutive years and service in a regular component of the Armed Forces, tenure in elected state office, tenure as a member of a legislative body of the United States or a state, and service as a judge of a court of record of the United States, a state or territory or District of Columbia is excluded from credit to ward this award but does not constitute a break in service.
23.  Army Regulation 600-8-22 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.  

24.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  The regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

25.  Army Regulation 600-8-22 provides for award of the Netherlands Orange Lanyard.  The regulation states that it may be awarded by the Netherlands Government when a unit has been cited and awarded the Netherlands Military Order of William.  It may also be awarded independently.  The award of the Orange Lanyard is not automatic but must be by specific decree of the Netherlands Government.

26.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides that bronze service stars are worn on campaign and service ribbons to denote an additional award or campaign participation.

27.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze arrowhead device denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  It is worn on the service and suspension ribbons of the Asiatic-Pacific Campaign Medal, European-African-Middle Eastern Campaign Medal, the Korean Service Medal, Vietnam Service Medal and the Armed Forces Expeditionary Medal.  Only one arrowhead will be worn on any ribbon.

28.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy.  This device is authorized for wear on the Bronze Star Medal, the Air Medal, the Army Commendation Medal and the Joint Service Commendation Medal.   

29.  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.

CONCLUSIONS:

1.  The applicant’s unit received the Meritorious Unit Commendation; therefore, he is entitled to correction of his military records to show this award.     

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or was awarded the Meritorious Service Medal.  Therefore, the applicant is not entitled to correction of his military records to show this medal.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he served in the Armed Forces after 25 June 1963 or otherwise met the qualifications for award of the Joint Service Commendation Medal.  Therefore, the applicant is not entitled to this medal.  

4.  There is no evidence of record, and the applicant has provided no evidence, which shows that he served a period of qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  Therefore, the applicant is not entitled to the Armed Forces Expeditionary Medal.

5.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was a member of one or more of the Reserve Components of the Armed Forces of the United States for a period of 10 years.  Therefore, the applicant is not entitled to the Armed Forces Reserve Medal.

6.  There is no evidence of record, and the applicant has provided no evidence, which shows that his unit was cited twice for award of the French Croix de Guerre by the French Government.  Therefore, the applicant is not entitled to the French Fourragere. 

7.  There is no evidence of record, and the applicant has provided no evidence, which shows that his unit was cited twice in the Order of the Day of the Belgian Army by the Belgian Government.  Therefore, the applicant is not entitled to the Belgian Fourragere.

8.  There is no evidence of record, and the applicant has provided no evidence, which shows that his unit was cited and awarded the Netherlands Military Order of William.  Therefore, the applicant is not entitled to the Netherlands Orange Lanyard. 

9.  The applicant’s discharge document shows the European-African-Middle Eastern Campaign Medal.  However, the applicant served in the European Theater of Operations from 23 September 1944 through 27 December 1945 and participated in three campaigns (Ardennes, Rhineland and Central Europe).  Therefore, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with three bronze service stars.   

10.  There is no evidence of record, and the applicant has provided no evidence, which shows that he participated in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Therefore, the applicant is not entitled to correction of his military records to show a bronze arrowhead to his European-African-Middle Eastern Campaign Medal with three bronze service stars.

11.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded a personal decoration with the bronze “V” device for for acts of heroism involving conflict with an armed enemy.  Therefore, the applicant is not entitled to correction of his military records to show the bronze “V” device.  

12.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.  Therefore, the applicant is not entitled to award of the Purple Heart.

13.  The applicant received the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army of Occupation Medal with Germany Clasp and the Combat Infantryman Badge.  Therefore, the applicant is entitled to correction of his military records to show these awards.    

14.  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 Meritorious Unit Commendation, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army of Occupation Medal with Germany Clasp and the Combat Infantryman Badge.

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

BOARD VOTE:  

FNE____  RJW____  WDP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049790	
SUFFIX		
RECON		
DATE BOARDED	20010320	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460113	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0034	
2.	107.0065	
3.	107.0014	
4.	107.0060	
5.	107.0111	
6.	107.0000