IN THE CASE OF: BOARD DATE: 25 September 2014 DOCKET NUMBER: AR20140001096 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, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to add: * Distinctive Unit Badge (properly known as Distinguished Unit Citation and currently known as the Presidential Unit Citation) * Belgian Fourragere * American Campaign Medal * Marksmanship Qualification Badge with Rifle Bar 2. The applicant states he does not know the reason why the above awards are not part of his father's record but after researching the unit that his father was a member of, it seems the record is lacking pertinent information. 3. He adds that he was reviewing his father's records and chatting with some of his father's old foxhole buddies and recently discovered the error when putting together an order for a cemetery burial monument. His father was wounded in the left shoulder and was rousted from a hospital to plug holes in the lines as the enemy advanced during the Battle of the Bulge. His father fought to defend the people of Luxemburg and Belgium. 4. The applicant provides: * his birth certificate as proof of next-of-kin * WD AGO Form 53-55 * Honorable Discharge Certificate * his father's death certificate * six pages of notes from his father's foxhole buddies * two pages from the internet pertaining to the 12th Infantry Regiment * documents pertaining to the history of the 12th Infantry Regiment 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 his 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. His WD AGO Form 53-55 shows the following entries: * Item 6 (Organization) – C Company, 12th Infantry Regiment * Item 7 (Date of Separation) – 22 October 1945 * Item 22 (Date of Induction) – 14 April 1944 * Item 24 (Date of Entry Into Active Service) – 14 April 1944 * Item 31 (Military Qualification and Date): * Combat Infantryman Badge (CIB) * Item 32 (Battle and Campaigns): * Central Europe * Rhineland * Ardennes * Item 33 (Decorations and Citations): * European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars * Purple Heart * Item 36 (Service Outside Continental United States and Return): * departed the United States on 5 October 1944 * arrived in the European Theater of Operations (ETO) on 13 October 1944 * departed the ETO on 3 July 1945 * arrived in the United States on 12 July 1945 * Item 37 (Total Length of Service): * 7 months and 9 days of continental service * 9 months of foreign service * Item 55 (Remarks) – issuance of the Army Lapel Button and Emblem and he had no lost time 4. The applicant's Honorable Discharge Certificate was awarded to him as "a testimonial of Honest and Faithful Service to his country." His available record contains no record of nonjudicial punishment or court-martial convictions which would serve to disqualify him for award of the AGCM. 5. Army Regulation 600-8-22 (Military Awards) provides guidance on the issuances of the following awards and decorations: a. Bronze Star Medal (BSM) – is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB is considered to be a citation in orders. Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during World War II. b. World War II Victory Medal – is awarded for service between 7 December 1941 and 31 December 1946. c. Army of Occupation Medal (AOM) – is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Soldiers who served in the ETO during the occupation of Europe will wear the clasp inscribed "Germany." d. American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year. e. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. However, award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. f. The Belgian Fourragere may be awarded 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. 6. Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.” 7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains credits for campaign participation, assault landing, and Army of occupation. It also lists unit awards and foreign decorations received by units serving during World War II. During the applicant's assignment to the 12th Infantry Regiment: a. was awarded of the Distinguished Unit Citation (Presidential Unit Citation) for the period 16 to 24 December 1944 by War Department General Orders Number 54-45; b. was cited twice in the Order of the Day of the Belgian Army (7 -13 September 1944 and 16-21 December 1944). However, the applicant did not arrive in theater until 13 October 1944; and c. received occupation credit for Germany during the period 2 May to 21 June 1945. DISCUSSION AND CONCLUSIONS: 1. General orders awarded his father's unit the Distinguished Unit Citation (currently known as the Presidential Unit Citation) while he was assigned with this unit and as a result, the Presidential Unit Citation show be added to his WD AGO Form 53-55. 2. The FSM was awarded the CIB for his active combat against an enemy force. The CIB entitles him to award of the BSM. Therefore the BSM should be awarded to him and added to his WD AGO Form 53-55. 3. His unit also received occupation credit for Germany during the period of his assignment. He is therefore entitled to award of the AOM with Germany clasp and addition of this medal to his WD AGO Form 53-55. 4. The FSM completed a qualifying period of service for award of the Army Good Conduct Medal on 22 October 1945. Although his records are not available, the information contained on his discharge document suggests that he served honorably and met the basic qualifications for award of the AGCM. As such, it would be appropriate and in the interest of equity to award him this medal and to add it to his WD AGO Form 53-55. 5. Evidence shows he served a qualifying period of service for award of the World War II Victory Medal and he is entitled to correction of his WD AGO Form 53-55 to show this award. 6. The FSM’s unit was cited twice for award of the Belgian Fourragere; however, the applicant was present during only one period. Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation. 7. The applicant has not submitted sufficient evidence and the FSM's record does not contain any evidence to show the degree in which he qualified to properly list the Marksmanship Qualification Badge with Rifle Bar on his WD AGO Form 53-55. As such, he is not entitled to this portion of the requested relief. 8. His WD AGO Form 53-55 shows he served in the ETO during his tour of duty in World War II. It further shows he only had 7 months and 9 days total continental service. As such, he is not entitled to award of the American Campaign Medal. 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 amending his WD AGO Form 53-55 as follows: a. awarding him the BSM based on his receipt of the CIB; b. awarding him the AGCM for the period 14 April 1944 through 22 October 1945; c. adding the following awards to item 33: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Army of Occupation Medal with Germany clasp * World War II Victory Medal * Presidential Unit Citation d. adding to item 55, the entry "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 the Belgian Fourrage, American Campaign Medal, and the Marksmanship Qualification Badge with Rifle Bar. 3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by his late father in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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. ABCMR Record of Proceedings (cont) AR20140001096 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140001096 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1