IN THE CASE OF: BOARD DATE: 11 JUNE 2009 DOCKET NUMBER: AR20090003191 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, in effect, that the records of his deceased father, a former service member (FSM), be corrected to show award of the Bronze Star Medal and the Arrowhead Device. 2. The applicant states, in effect, the FSM was medically evacuated from combat in October 1944 and died of a non-combat related illness in 1947. a. The applicant states the FSM trained and served with the 16th Infantry Regiment, 1st Infantry Division, in the European Theater of Operations (ETO) during World War II. He adds the FSM was a combat rifleman with the 2nd Platoon, Company G, 2nd Battalion, 16th Infantry, and fought with the unit in the first wave assault of Omaha Beach on 6 June 1944. He also states the FSM was wounded in action on 8 October 1944 at Aachen, Germany, evacuated to England, and then returned to the United States. b. The applicant states while rereading the FSM’s letters and memorabilia, he learned that 740 infantrymen in a single battalion were awarded the Bronze Star Medal for heroic achievement on D-Day in Normandy. He also states an Army magazine titled “OUTFIT” states that Company G encountered fierce resistance and he is certain it refers to the 2nd Battalion, which would have been the FSM’s unit. The applicant concludes that the awards may have been given after the FSM’s medical evacuation and, as a result, they are not recorded in his military records. c. The applicant states that comments made in letters to the FSM indicate the FSM “should receive the Bronze Star and the Arrowhead attachment” and perhaps other citations. d. The applicant concludes by stating his father served honorably with a very distinguished unit, he believes the FSM earned these awards, and the FSM’s records should be corrected for posterity. 3. The applicant provides a self-authored letter, dated 14 January 2009; copies of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) with an effective date of 27 April 1945; an extract of “OUTFIT, News of Your Old Unit,” Facts from the Front, dated 25 December 1944, page 10; letter from Lieutenant Vince K_______, dated 23 February 1945, pages 129 and 130; an 8-page letter from Sergeant Joe P_____, dated 26 October 1995; State of Michigan Department of Health, Certificate of Death, State File Number 1__, filed 28 July 1947; and Certificate of Birth, dated 17 June 1944. 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 service 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The FSM’s available military reconstructed record contains a copy of his WD AGO Form 53-55 that shows he enlisted in the Army of the United States on 15 August 1942, entered active duty on 31 March 1943, and was honorably discharged on 27 April 1945 with a Certificate of Disability for Discharge. Item 6 (Organization) shows the FSM was assigned to Company G, 16th Infantry Regiment, 1st Infantry Division, and Item 30 (Military Occupational Specialty (MOS) and Number) shows he was awarded MOS 745 (Rifleman). Item 31 (Military Qualification and Date) shows the FSM was awarded the Combat Infantryman Badge and Item 32 (Battles and Campaigns) shows he participated in the Normandy, Northern France, and Germany campaigns. Item 33 (Decorations and Citations), as supplemented by Item 55 (Remarks), shows the FSM was awarded the Purple Heart (1st Oak Leaf Cluster), Combat Infantryman Badge, European-African-Middle Eastern Theater Ribbon (Campaign Medal) with three bronze campaign (service) stars, and he was recommended for the Good Conduct Ribbon (Medal). 4. Item 34 (Wounds Received in Action) shows the FSM was wounded on 18 September 1944 and 8 October 1944 in the ETO. Item 36 (Service Outside Continental U.S. and Return) shows the FSM departed the U.S. on 18 November 1943, arrived in the ETO on 4 December 1943, departed the ETO on an unknown date, and returned to the U.S. on 12 December 1944. The WD AGO Form 53-55 shows the FSM completed 1 year, 7 months, and 18 days of continental service; 1 year and 25 days of foreign service; and 2 years, 8 months, and 13 days of longevity for pay purposes. 5. The FSM’s available evidence does not show the FSM was awarded the Bronze Star Medal or the Arrowhead Device. 6. In support of this application, the applicant provides, in pertinent part, the following documents. a. An extract of OUTFIT, News of your old unit, Facts from the Front, dated 25 December 1944, page 10, on which is highlighted in yellow, “1st Inf Div … More than 740 infantrymen in a single battalion were awarded Bronze Stars for heroic achievement on D-Day in Normandy. The battalion landed near Collesville-Sur-Mer, encountered fierce resistance but fought on to cut the Vierville-Colleville road by midnight.” b. Letter from Lieutenant Vince K_______, dated 23 February 1945, pages 129 and 130, on which is highlighted in yellow (on page 130), “Dick write up an affidavit and send it to Lt K_____, I’m sure he will be only to (sic) glad to sign it. In addition to the bronze star you are entitled to wear an ‘arrowhead’ on your ETO ribbon on the left of the campaign stars, mention that also.” c. An 8-page letter from Sergeant Joe P_____, dated 26 October 1995, on which is highlighted in yellow (on page 6), “I know he (Dick) earned the Bronze Star for Invasion of Normandy and three Battle Stars, one for Normandy invasion, one for Northern France Battle and 1 for Germany, but check with VFW [Veterans of Foreign Wars] he may be entitle (sic) [to] more.” d. State of Michigan Department of Health, Certificate of Death, State File Number 1__, filed 28 July 1947, which documents that the FSM passed away on 26 July 1947. e. Certificate of Birth, dated 17 June 1944, which documents that the applicant was born to the FSM and B______ F______ on __ June 1944. 7. A review of the FSM’s available records reveals the FSM may be authorized additional awards that are not shown on his WD AGO Form 53-55. 8. War Department Circular Number 269 (1943) established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. 9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 10. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. 11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists, in pertinent part, the unit awards received by units serving in World War II. This document shows that at the time of the FSM's assignment to Company G, 16th Infantry Regiment, 1st Infantry Division, the unit was credited with an assault landing at Normandy, France, on 6 and 7 June 1944, by War Department, General Orders Number 70 (1945). 12. Department of the Army Pamphlet 672-1 shows that, at the time of the FSM's assignment to the 16th Infantry Regiment, 1st Infantry Division, the unit was cited for award of the French Croix de Guerre on 6 June 1944, by Headquarters, Department of the Army, General Orders Number 43 (1950). Additionally, Department of the Army Pamphlet 672-1 shows that, at the time of the FSM's assignment, the unit was cited for award of the Citation in the Order of the Day of the Belgian Army for the period 3 to 5 September 1944. 13. Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft, as appropriate. The regulation also specifies, in pertinent part, that the “Arrowhead” Device is authorized for wear on the European-African-Middle Eastern Campaign Medal. 14. 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 and states that authorized bronze service stars will be worn on the appropriate service medal, including the European-African-Middle Eastern Campaign Medal. 15. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 16. Army Regulation 600-8-22 provides, in pertinent part, 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 French 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. 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. 17. Army Regulation 600-8-22 provides, in pertinent part, 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 Belgian Fourragere. 18. 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 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. 19. Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9, states that "The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence." 20. Section 1130, Title 10, U. S. Code (10 USC 1130), provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request. A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, the FSM’s records should be corrected to show award of the Bronze Star Medal for heroism and the Arrowhead Device. 2. There is no evidence the FSM was awarded the Bronze Star Medal for heroism or meritorious service. The administrative regularity provision for lost recommendations requires that there must be evidence that a recommendation was entered into the chain of command and that it was lost or otherwise not acted upon. This requires evidence to preclude the possibility that a recommendation was submitted and disapproved. 3. While the available evidence is insufficient for awarding the FSM the Bronze Star Medal for heroism or meritorious service, this in no way affects the applicant’s right to pursue a claim for the award on behalf of the FSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 4. The evidence of record shows the FSM was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II. The evidence of record also shows that an award of the Combat Infantryman Badge is considered to be a citation in orders for the Bronze Star Medal for service during World War II. This means, in effect, that the Bronze Star Medal is to be awarded for meritorious achievement to individuals who were authorized the Combat Infantryman Badge during World War II. Therefore, it would be appropriate to correct the FSM’s records to show award of the Bronze Star Medal. 5. Records show the FSM was recommended for award of the Good Conduct Medal. The evidence of record also shows the FSM served a qualifying period of active duty enlisted service for award of the Good Conduct Medal. Therefore, it would be appropriate to correct the FSM’s records to show award of the Good Conduct Medal for the period from 31 March 1943 through 27 April 1945. 6. The evidence of record shows the FSM was awarded the European-African-Middle Eastern Campaign Medal. He participated in a combat assault landing with his unit on 6 and 7 June 1944 at Normandy, France, and he participated in three campaigns in the ETO. Therefore, it would be appropriate to correct the FSM’s records to show the European-African-Middle Eastern Campaign Medal with "Arrowhead" Device and three bronze service stars. 7. The evidence of record shows the FSM's service qualifies him for award of the World War II Victory Medal. Therefore, it would be appropriate to correct his records to show award of this service medal. 8. Records show the FSM’s unit was cited (once) for award of the French Croix de Guerre on 6 June 1944. Therefore, it would be appropriate to correct his records to show this foreign unit award. However, the applicant is advised that the FSM would not have been authorized an individual emblem, device, medal or ribbon for this foreign unit award. 9. Records show the FSM’s unit was cited (once) in the Order of the Day of the Belgian Army for the period 3 to 5 September 1944. Therefore, it would be appropriate to correct the FSM’s records to show this foreign unit award. However, the applicant is advised the FSM would not have been authorized an individual emblem, device, medal or ribbon for this foreign unit award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 the FSM the Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat during the period from 4 December 1943 to 7 June 1944; b. awarding the FSM the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period from 31 March 1943 to 27 April 1945; c. deleting from item 33 and item 55 of his WD AGO Form 53-55 the entries "Recommended for Good Conduct Ribbon” and “European African Middle Eastern Theater Ribbon Three Bronze Campaign Stars"; d. adding to item 33 of his WD AGO Form 53-55 the “BRONZE STAR MEDAL, GOOD CONDUCT MEDAL, EUROPEAN-AFRICAN-MIDDLE EASTERN CAMPAIGN MEDAL WITH ARROWHEAD DEVICE AND THREE BRONZE SERVICE STARS, AND WORLD WAR II VICTORY MEDAL"; and e. adding to item 55 of his WD AGO Form 53-55 the “FRENCH CROIX DE GUERRE--UNIT CITATION-NO EMBLEM AUTHORIZED AND BELGIAN CITATION IN THE ORDER OF THE DAY--UNIT CITATION-NO EMBLEM AUTHORIZED.” 2. The Board further determined that 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 award of a Bronze Star Medal for heroism or meritorious service. _______ _ _XXX______ ___ 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. ABCMR Record of Proceedings (cont) AR20090003191 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003191 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1