RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2007 DOCKET NUMBER: AR20070007562 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. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Jeffrey C. Redmann Chairperson Mr. Dean A. Camarella Member Mr. Qawiy A. Sabree Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show award of the Belgian Fourragere for his service in World War II. 2. The applicant states, in effect, that he was assigned to the 424th Infantry Regiment during the two periods when the unit was cited in the order of the day for this honor. 3. The applicant provides copies of assignment orders, pay allotment notice, certificate of service in foreign countries, and a promotion letter. 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 FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case. 3. Special Orders Number 133, 106th Infantry Division, dated 5 June 1944, directs assignment of the applicant to the 424th Infantry Regiment. 4. Special Orders Number 99, 424th Infantry Regiment, dated 7 June 1944, further assigned the applicant to Company A, 424th Infantry Regiment. 5. Special Orders Number 10, paragraph 4, 424th Infantry Regiment, dated 18 January 1945, shows the applicant was the finance officer for Company A, 424th Infantry. 6. On 28 February 1945, the applicant processed a discontinuance of allotment. The form shows that at the time he was assigned as a second lieutenant with the 424th Infantry Regiment. 7. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.  This 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. 8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War. This document shows that the 424th Infantry Regiment was cited twice (16-31 December 1944 and 20-29 January 1945) in the Order of the Day of the Belgian Army and awarded the Belgian Fourragere by Department of the Army General Order 43, dated 1950. In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II. Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre. Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device. This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William. As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere and the Netherlands Orange Lanyard. Only when the French Croix de Guerre is awarded to an individual on a by name basis is there a personal decoration which can be worn by the recipient. DISCUSSION AND CONCLUSIONS: The evidence provided by the applicant clearly and convincingly shows that he was assigned with the 424th Infantry Regiment during both periods that it was cited in the Order of the Day of the Belgian Army. Therefore, his records should be corrected to show award of the Belgian Fourragere. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF _DAC___ __JCR __ ___QAS _ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuance of a certificate to certify that his Military Record and Report of Separation (WD AGO 53-98) is amended to add the Belgian Fourragere. __Jeffrey C. Redmann____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON DATE BOARDED 20070920 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107 2. 3. 4. 5. 6.