BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20170010742 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20170010742 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. awarding him the Bronze Star Medal based on his award of the Combat Infantryman Badge; b. deleting the current entry in item 6 of his WD AGO Form 53-55 and replacing it with the entry "Headquarters and Headquarters Company, 1st Battalion, 254th Infantry Regiment"; c. deleting the following awards from item 33 of his WD AGO Form 53-55: * European-African-Middle Eastern Theater Campaign Ribbon * "Distinguished Unit Badge GO 44 par 2 6 Jun 45" d. adding the following awards to item 33 of his WD AGO Form 53-55: * Bronze Star Medal * European-African-Middle Eastern Campaign Medal with three bronze service stars * Presidential Unit Citation (2nd Award) 2. The Board further determined 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 the French Croix de Guerre. __________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. BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20170010742 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 requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show: * his organization as Headquarters Company, 1st Battalion, 254th Infantry Regiment, vice Headquarters Company, 254th Infantry Regiment * award of the French Croix de Guerre with Palm * second award of the Presidential Unit Citation 2. The applicant states he was attached to the 1st Battalion during World War II, but this fact is not reflected on his WD AGO Form 53-55. The 254th Regiment was awarded the Croix de Guerre and the Distinguished Unit Badge (currently known as the Presidential Unit Citation) for actions in Colmar, France, and the 1st Battalion received an oak leaf cluster for the second Presidential Unit Citation for the battalion's actions in Ensheim, Germany. These awards are not listed on his WD AGO Form 53-55. 3. The applicant provides: * WD AGO Form 53-55 * Honorable Discharge Certificate * Presidential Unit Citations * email between the applicant's daughter and his Congressional representative 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 complete military records are not available to the Board for review. The case is being considered using his WD AGO Form 53-55 and the evidence provided by the applicant. 3. Records available to the Board show the applicant was ordered to active duty from the Enlisted Reserve Corps on 6 December 1943. He held military occupational specialty 238 (Lineman, Telephone and Telegraph). He served in the European theater of operations from 8 December 1944 to 21 April 1946. He was honorably discharged by reason of demobilization on 3 May 1946. 4. The applicant's WD AGO Form 53-55 shows in: * item 6 (Organization) – he was assigned to Headquarters Company, 254th Infantry Regiment * item 31 (Military Qualification and Date) – he was awarded the Combat Infantry Badge and qualified as Sharpshooter with the rifle and carbine * item 32 (Battles and Campaigns) – he participated in the Rhineland, Central Europe, and Ardennes campaigns * item 33 (Decorations and Citations) – * Army of Occupation Medal (Germany) * Army Good Conduct Medal * World War II Victory Medal * European-African-Middle Eastern Campaign Medal * Distinguished Unit Badge (Presidential Unit Citation) (War Department General Order Number 44, dated 6 June 1945) 5. Department of the Army General Orders (DAGO) Number 45, dated 1 December 1986, amended DAGO Number 43, dated 1950, and announced award of the French Croix de Guerre with Palm to 254th Infantry Regiment as an attached unit of the 3rd Infantry Division for the period 28 December 1944 to 6 February 1945. 6. DAGO Number 14, dated 11 April 1997, cited 1st Battalion, 254th Infantry Regiment, 63d Infantry Division, for award of the Presidential Unit Citation for the period 0100 hours, 15 March 1945, to 2400 hours, 15 March 1945. 7. The Headquarters and Headquarters Company, 1st Battalion, 254th Infantry Regiment, personnel roster obtained from 63d Infantry Division records posted to the Internet lists the applicant as a member. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. a. 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 Infantry Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is awarded to individuals who were authorized either badge for service during World War II. b. A bronze service star is worn on the European-African-Middle Eastern Campaign Medal for each credited campaign. c. 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 four times for the Croix de Guerre, the colors in the Fourragere (green and red) are changed to one in the colors of the Medaille Militaire (yellow and green). The Fourragere in the colors or the Medaille Militaire is the ranking decoration. The award of the Fourragere is not automatic, but requires a specific decree of the French Government. Persons who were present in only one action are not authorized to wear the Fourragere. 2. Army Regulation 600-45 (Personnel Decorations), in effect at the time, prescribed Army policy regarding awards by foreign governments. a. Paragraph 33 (Acceptance of Awards) provided that officers and enlisted men of the Armed Forces of the United States are authorized acceptance of awards during the present war and for a year thereafter from the governments of cobelligerent nations or the other American republics such decorations, orders, medals, and emblems, as may be tendered them, and which are conferred by such governments upon members of their own military forces, hereby expressly granting the consent of Congress required for this purpose by clause 8 of section 9, Article 1 of the Constitution. b. Paragraph 35 (Notations and Report on Awards of Foreign Decorations) provided that all awards of foreign decorations would be noted in service and other similar records, in personnel files, in efficiency records, and in historical records of organizations. Reports of such awards giving citation and other specific information therefor with reference to the official foreign document upon which the award is made will be forwarded to the headquarters of the field forces concerned for recording and transmission to The Adjutant General. 3. Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, provided that when entering information to item 6 (Organization) of the WD AGO Form 53-55, enter the last tactical or administrative and tactical unit or similar element to which the service member was assigned, rather than the element of which he was a part while moving to a disposition center, reception station, or separation center. Assignments to units for the purpose of transfer from a theater to the United States are considered part of the movement to a separation center. For Individuals who have had oversea service since 16 September 1940, either the overseas unit with which he served the longest, or that with which he earned the greatest number of Adjusted Service Rating combat points, maybe entered at the option of the individual concerned. The designation of the organization will be complete. DISCUSSION: 1. Army Regulation 600-8-22 authorizes award of the Bronze Star Medal for individuals who were awarded the Combat Infantryman Badge for service during World War II. The applicant's WD AGO Form 53-55 does not reflect award of the Bronze Star Medal. 2. The evidence shows the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 254th Infantry Regiment, while serving overseas. His WD AGO Form 53-55 does not accurately reflect the complete unit designation. 3. The available records show the applicant participated in three campaigns during his service in the European theater of operations. However, the European-African-Middle Eastern Campaign Medal listed on his WD AGO  Form 53-55 does not reflect three bronze service stars to indicate his campaign participation. 4. General orders awarded the applicant's unit two Presidential Unit Citations (formerly known as the Distinguished Unit Citation or Badge) for service during his period of assignment. His WD AGO Form 53-55 does not reflect two awards of the Presidential Unit Citation. 5. General orders also awarded the applicant's unit the French Croix de Guerre with Palm for service during his period of assignment. When a unit was cited only one time for award of the French Croix de Guerre, there was no individual device, medal, or ribbon authorized for wear by members of the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170010742 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170010742 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2