PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            18 July 2002
	DOCKET NUMBER:   AR2002073937

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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 correction of his records to show award of the Belgian Fourragere.

3.  The applicant states that the Belgian Forragere was not listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  His WD AGO Form 53-55 is available to the Board, and this document shows that he entered active duty on 5 March 1943 and served in the European Theater of Operations from 18 April 1944 through 21 November 1945.  The applicant was honorably separated from active duty on 5 December 1945.  His WD AGO Form 53-55 does not show the Belgian Fourragere as an authorized award in item 33 (Decorations and Citations).

5.  The applicant provided a copy of a 10 July 1963 letter from a retired officer to World War II members of the 299th Engineer Combat Battalion.  This letter lists the unit awards which the 299th Engineer Battalion received.  Among the awards listed, the letter shows the following:

	“e.  Foreign award for Company C ‘Citation in the Order of the Day of the Belgian Army’ 20-29 January 1945, WD GO 43, 1950 (2 of these citations authorized the Belgian Fourragere.”

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows Company C of the 299th Engineer Battalion received a “Citation in the Order of the Day of the Belgian Army” for actions during the period 20 to 29 January 1945 by War Department General Order 43, dated 1950.

7.  The applicant provided a copy of 299th Engineer Battalion Special Order #57, dated 16 May 1945, which shows that he was a Private First Class.  However, this order does not show the applicant was assigned to Company C.  

8.  The Board noted the applicant’s WD AGO Form 53-55 does not show award of a silver service star to be worn on his European-African-Middle Eastern Service Medal with arrowhead or award of the Army of Occupation Medal with Germany Clasp.

9.  The applicant’s WD AGO Form 53-55 shows in item 32 (Battle and Campaigns) that he received campaign credit for five campaigns during World War II.  

10.   Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, the 299 Engineer Battalion, received occupation credit for Germany for the period from 2 May 1945 to 4 September 1945.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 (Battles and Campaigns) of the World War II discharge document.  This regulation further states that authorized bronze service stars will be worn on the appropriate service medal and that a silver service star is authorized in lieu of five bronze service stars.

13.  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, qualifying 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.

CONCLUSIONS:

1.  Department of the Army Pamphlet 672-1 shows that Company C of the 299th Engineer Battalion was cited in the Order of the Day of the Belgian Army” for actions during the period 20 to 29 January 1945.  However, regulation requires that a unit must be cited two times in the Orders of the Day of the Belgian Army and that the Belgian Government must publish a special decree in order for a unit to receive award of the Belgian Fourragere.  

2.  There is no evidence that Company C of the 299th Engineer Battalion was cited twice in the Orders of the Day of the Belgian Army or that the Belgian Government published a special decree authorizing award of the Belgian Fourragere to any unit of the 299th Engineer Battalion.  There is no evidence the applicant was a member of Company C of the 299th Engineer Battalion.

3.  Based on the foregoing, there is insufficient evidence to amend the applicant’s WD AGO Form 53-55 to show award of the Belgian Fourragere or a Citation in the Orders of the Day of the Belgian Army.

4.  Official records show that the applicant participated in five campaigns during his service in World War II.  Therefore, he is entitled to wear a silver service star on his European-African-Middle Eastern Service Medal and correction of his records to show award of the European-African-Middle Eastern Service Medal with one silver service star in addition to the arrowhead already shown.

5.  While the applicant was assigned to the 299th Engineer Battalion, the unit received occupation credit for Germany; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.

6.  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 the individual concerned was awarded the  European-African-Middle Eastern Service Medal with one silver service star and with an arrowhead and was awarded the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

__SK___  __RVO___  __JPI___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Mr. Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002073937	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.