MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 FEBRUARY 2002
	DOCKET NUMBER:   AR2001063616

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

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John E. Denning		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  Award of the French Fourragere.

APPLICANT STATES:  As a member of the 1st Infantry Division he should have received the award.  He notes that his records were recently corrected to show that he was assigned to the 1st Infantry Division and as such is entitled to the award.  He states he is “just learning about the benefits and awards due [him].”  He submits no evidence in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

Information available to the Board indicates the applicant enlisted in October 1940 and arrived in the European-African-Middle Eastern Theater of Operation in August 1942.  On 24 December 1942 he was captured by hostile forces and remained in captivity until he was returned to U.S. control on 27 June 1944.

He returned to the United States in August 1944 and on 2 April 1945 was discharged with a certificate of disability for discharge.  At the time of his separation, his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) listed his unit of assignment as the 1530th Service Unit.  However, on 22 May 2001 the Board granted the applicant’s request (AR2001053727) to correct his records to show that he was assigned to Company A, 18th Infantry Regiment “during his tenure of service in the ETO [European Theater of Operation] during World War II….”  

On 25 July 2001 his entitlement to the POW (Prisoner of War) Medal was confirmed via issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).  That same document corrected the applicant’s 1945 separation document to show he was assigned to the 18th Infantry Regiment.  The 18th Infantry Regiment was part of the 1st Infantry Division during World War II.

A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (18th Infantry Regiment, 1st Infantry Division) was awarded the French Fourragere by the French Government for its actions between 1 January and 30 April 1943 and on 6 June 1944.  The award was confirmed in Department of the Army General Orders Number 43 in 1950.

Army Regulation 600-8-22 states that the French Government may award the French Fourragere when a unit has been cited twice for the Croix de Guerre.  The award of the Fourragere is not automatic, but required a specific decree by the French Government.  Additionally, the regulation notes that individuals who were present in only one action are not authorized to wear the Fourragere.

Army Regulation 670-1, which establishes the policies for wearing U.S. and foreign unit awards, does not specifically address authorization entitlement for foreign unit awards.  However, it does state that a soldier may permanently wear a U.S. unit award, if the individual was “assigned to and present for duty with the unit any time during the period cited….”

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Although the applicant may have been assigned to the 18th Infantry Regiment, 1st Infantry Division, during the period for which the unit was awarded the French Fourragere, he was in a confirmed POW status at the time and would not have been “present” for either action recognized by the award.  

2.  Additionally, while Army Regulation 670-1 does not specifically address entitlement to permanent wear of foreign unit awards, the Board concludes that clearly the intent would be that, as with U.S. unit awards, an individual would need to be assigned and “present for duty” in order to wear the decoration permanently.  

3.  As such, the Board concludes that it would be inappropriate to correct the applicant’s records to reflect entitlement to an award for which he clearly did not meet the spirit or intent for permanent wear.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JNS _  ___BJE__  __JED __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063616	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020214	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.