PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           30 July 2002                  
	DOCKET NUMBER:   AR2002071135

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas Lanyi		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, reconsideration of his earlier appeal to have more complete identifying information of his combat unit shown on his discharge record.

3.  The applicant states, in effect, that he would like the record to reflect that he served in "7th Corps, 3rd Army, 5th Infantry Division, 10th Infantry Regiment, I Company, 3rd Platoon."  He submits a letter from his platoon leader, a retired colonel, to substantiate his request.  He had written earlier that after he was wounded in November 1944 he was transferred to the 93rd Medical Gas Treatment Battalion.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  The available information was obtained from reconstructed personnel records and they are very limited in nature.  However, they were adequate as a basis for a previous, partially favorable, decision by this Board and are adequate to show that subsequent to hospitalization for his wound he served with the 93rd Medical Gas Treatment Battalion. 

5.  On 16 March 1995, this Board authorized a correction of the applicant's military record to show both of the units that the applicant served in during World War II.  Accordingly, a DD Form 215 (Correction to Certificate of Release or Discharge from Active Duty) was issued to add "5th Infantry Division I Company 10th Infantry Regiment" to item 6 and the Bronze Star Medal and the World War II Victory Medal to item 33 of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).  

6.  In February 2002 the staff determined that Board consideration was not warranted by the documentation submitted with an appeal for reconsideration concerning the same request as the current case. 

7.  The 22 April 2001 letter from the retired colonel states that during World War II he commanded 3rd Platoon, I Company, 10th Infantry Regiment, 5th Infantry Division, 3rd Army and that the applicant was a member of his platoon.

8.  Technical Manual 12-235, dated 1 January 1945, set forth the instructions for the completion of the WD AGO 53-55.  It provides that item 6 is to be completed by entering "the last unit or a similar unit to which he was assigned rather than the element of which he was a part while moving to a separation activity.  Assignments to units for the purpose of transfer from a theater to the United States are considered part of the movement to separation activity."  

9.  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.  

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant's unit was awarded the French Croix de Guerre for the period from 9 through 15 September 1945.   

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service must have been 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.

12.  Department of the Army Pamphlet 672-1 also shows that the 93rd Medical Gas Treatment Battalion was credited with occupation credit for Germany for the period from 2 May 1945 through 5 July 1945.  Thus, the applicant is entitled to the Army Occupation Medal.

13.  Department of the Army Pamphlet 672-1 also shows that the 93rd Medical Gas Treatment Battalion was awarded the Meritorious Unit Commendation for the period from 1 Nov 1944 through 1 May 1945 

14.  Army Regulation 600-8-22 states, in pertinent part, that the Meritorious Unit Commendation is awarded for outstanding wartime service of at least 6 continuous months.  Stateside units and those outside the area of operations are excluded.

CONCLUSIONS:

1.  Usually only company, regimental and brigade and/or division designations were listed in item 6 of the WD AGO 53-55; however, considering that the applicant's platoon assignment has been confirmed and the document has already been corrected to show both of the applicant's units, adding the platoon identification as an exception to policy is appropriate.  However, identifying the "Army and Army Corps" is not appropriate since these were temporary groupings and not part of the Army's normal organizational structure.

2.  The applicant's infantry regiment was awarded the French Croix de Guerre and this foreign award should be displayed even though no individual device or insignia accompanies this foreign award.

3.  The applicant's second unit, the 93rd Medical Gas Treatment Battalion was awarded the Meritorious Unit Commendation and received occupation credit for Germany, which entitles him to the Army Of Occupation Medal with Germany Clasp. 

4.  In view of the foregoing findings and conclusions, correcting the applicant's records as recommended below would rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by: 

a.  reissuing the DD 215 of the individual concerned to correct item 6 of the WD AGO 53-55 to read, "3rd Platoon, I Company, 10th Infantry Regiment, 5th Infantry Division"; and 

b.  adding the Meritorious Unit Commendation, the Army Of Occupation Medal with Germany Clasp and the French Croix de Guerre to item 33 of the WD AGO 53-55.

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

BOARD VOTE:  

_AAO___  _KAH ___  __TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071135	
SUFFIX		
RECON		
DATE BOARDED	20020730	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.