IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160011679 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 IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160011679 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. Issuing corrected copies of the following HRC orders issued on 30 August 2013 showing in the standard name line the FSM’s unit as "Company G, 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division attached to the 325th Glider Infantry Regiment, 82d Airborne Division, APO 469." * Permanent Order 242-04 (Bronze Star Medal) * Permanent Order 242-01 (Purple Heart) * Permanent Order 242-03 (Army Good Conduct Medal) * Permanent Order 242-02 (Combat Infantryman Badge) b. Revoking any orders amending the orders listed above. c. As applicable, issuing certificates and citations for the awards announced in the orders listed above showing the FSM’s unit as "Company G, 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division, attached to the 325th Glider Infantry Regiment, 82d Airborne Division." 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 any relief in excess of that described above. _____________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. IN THE CASE OF BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160011679 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 niece of a deceased service member (SM) who was killed in action in World War II, requests, in effect, correction of the SM’s orders, citations, and certificates for the following awards to show he was a member of Company G, 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division; and Company G, 3rd Battalion, 325th Glider Infantry Regiment, 82d Airborne Division. * Silver Star * Bronze Star Medal * Purple Heart * Army Good Conduct Medal * American Campaign Medal * European-African-Middle Easter Campaign Medal with Arrowhead Device and two bronze service stars * World War II Victory Medal * Combat Infantryman Badge * Glider Wings with two bronze service stars * Belgian Fourragere * Netherlands Orange Lanyard 2. The applicant states documentation issued by the Awards and Decorations Branch (ADB), U. S. Army Human Resources Command (HRC), in 2013 and 2016 incorrectly shows the SM’s unit. 3. The applicant provides the following documents pertaining to the SM: a. Letter from a historian, dated 29 February 2016, stating the ADB issued award orders and certificates with the FSM’s incorrect unit. b. Memorandum and a letter from the Chief, ADB, HRC, both dated 5 September 2013, informing the applicant of the SM’s awards based on his World War II service. Enclosed were the applicable orders, citations, and certificates. c. Silver Star Certificate and Citation for gallantry in action on 9 June 1944 in France, issued on 30 August 2013. This citation shows his unit as Company G, 2d Battalion, 327th Glider Infantry Regiment, 82d Airborne Division. d. Two Bronze Star Medal Certificates, both for meritorious service in connection with ground operations against a hostile force on 25 September 1944. Both certificates are dated 30 August 2013. On one certificate the SM's unit is listed as Company G, 2d Battalion, 327th Glider Infantry Regiment, 82d Airborne Division, and the second certificate his unit is listed as Company G, 401st Glider Infantry Regiment. e. Letter from the War Department, dated 13 November 1945, informing the SM’s father of the SM’s posthumous award of the Silver Star. This letter quotes the Silver Star citation. f. General Orders Number 11, Headquarters, 82d Airborne Division, dated 28 January 1945, showing the SM’s award of the Silver Star. g. Morning Report for Company G, 401st Glider Infantry, Camp March Hare, Leicester, Leicestershire, England, dated 14 October 1944, reporting the FSM was missing in action on 25 September 1944, signed by the Personnel Adjutant, 325th Glider Infantry. h. A letter the SM wrote to his father, dated 24 September 1942, from Camp Wheeler, Georgia. i. A Facebook article, dated 6 April 2016, co-authored by the applicant. j. A proclamation from a Senator in West Virginia dedicating a West Virginia highway sign in honor of the SM. 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. A morning report for Company G, 401st Glider Infantry Regiment, dated 14 October 1944, recorded at Camp March Hare, Leicester, Leicestershire, England, shows the status of the SM as missing in action in Holland on 25 September 1944. The morning report was signed by the Personnel Adjutant, 325th Glider Infantry Regiment. 3. American Battle Monuments Commission records for the Netherlands American Cemetery show the SM died on 25 September 1944; he was a member of the 401st Glider Infantry Regiment, 101st Airborne Division; and he is buried in that cemetery. 4. General Order Number 11, Headquarters, 82d Airborne Division, dated 28 January 1945, paragraph IV, shows the FSM was missing in action when he was awarded the Silver Star. The citation for the Silver Star shows, “[SM], …Private, 401st Glider Infantry. For gallantry in action on 9 June 1944 near ***, FRANCE. After the successful crossing of the MERDERET River, heavy opposition was encountered by Company “G.” The Company Commander called for volunteers to investigate. [SM] stepped up and advanced through the hedge in the direction of the fire. In a short while, the firing stopped and shortly afterward, [SM] marched out a column of twenty Germans. He had forced them to abandon two machine guns and surrender. His initiative and audacity in neutralizing this group reflects credit on himself and the Airborne Forces of the United States Army.” The order was given by command of the Commander, 82d Airborne Division. 5. The Department of the Army Lineage and Honors issued by order of the Secretary of the Army for the 325th Infantry Regiment shows the 3rd Battalion, 325th Infantry, was disbanded on 15 August 1942 and concurrently reconstituted as the 2nd Battalion, 401st Glider Infantry, and assigned to the 101st Airborne Division. The 2nd Battalion, 401st Glider Infantry Regiment, was subsequently disbanded on 1 March 1945 in France and on 6 April 1945 consolidated with the 3rd Battalion, 325th Glider Infantry, 82d Airborne Division. Accordingly, the 2nd Battalion, 401st Glider Infantry Regiment, was an organic unit of the 101st Airborne Division from 15 August 1942 to 1 March 1945. 6. The Order of Battle, United States Army, World War II, European Theater of Operations, Divisions, prepared in the Office of the Theater Historian, European Theater, Paris, France, in December 1945 shows: a. On page 384, the 401st Glider Infantry Regiment was organic to the 101st Airborne Division. b. On page 387, the 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division, was attached to the 82d Airborne Division from 6 June 1944 to 1 March 1945. 7. On 5 September 2013, the Chief, ADB, HRC, issued a letter to the applicant at the applicant’s request showing the SM was authorized the following awards. The Chief, ADB, HRC, ordered the medals issued and provided applicable orders, citations, certificates, and a Memorandum for Service Member’s Record for the FSM showing he was authorized these awards. * Silver Star (with order, citation, and certificate) * Bronze Star Medal (with order and certificate) * Purple Heart (with order and certificate) * Army Good Conduct Medal (with order) * American Campaign Medal * European-African-Middle Eastern Campaign Medal with Arrowhead Device * and two bronze service stars * World War II Victory Medal * Combat Infantryman Badge (with order) * Glider Wings with two bronze service stars * Belgian Fourragere * Netherlands Orange Lanyard 8. The orders, citations, and certificates for the awards listed above were issued on 30 August 2013 showing the SM was a member of Company G, 2nd Battalion, 327th Glider Infantry Regiment, 82d Airborne Division. On 7 January 2016, in response to the applicant’s request to correct the FSM’s unit designation, the ADB, HRC, issued amendment orders, citations, and certificates showing the SM was a member of Company G, 401st Glider Infantry with no division. Orders and amendment order numbers and dates are as follows: a. Silver Star – certificate and citation. The Silver Star Certificate was issued correctly showing the SM was a member of the Army of the United States. The accompanying citation was issued showing the SM’s unit as Company G, 2d Battalion, 327th Infantry Regiment, 82d Airborne Division. A subsequent citation was issued showing the FSM’s unit as Company G, 401st Glider Infantry, with no division specified. b. Bronze Star Medal (Posthumous): (1) Permanent order 242-04, HRC, dated 30 August 2013, shows the SM’s unit as Company G, 2nd Battalion, 327th Glider Infantry Regiment, 82d Airborne Division. (2) Permanent order 007-04, HRC, dated 7 January 2016, amended permanent order 242-04, HRC, dated 30 August 2013, to show the SM’s unit as Company G, 401st Glider Infantry, with no division specified. A Bronze Star Medal Certificate was reissued with the same date and unit. c. Purple Heart (Posthumous): (1) Permanent order 242-01, HRC, dated 30 August 2013, shows the SM’s unit as Company G, 2nd Battalion, 327th Glider Infantry Regiment, 82d Airborne Division. (2) Permanent order 007-06, HRC, dated 7 January 2016, amended permanent order 242-01, HRC, dated 30 August 2013, to show the FSM’s unit as Company G, 401st Glider Infantry, with no division specified. The Purple Heart Certificate correctly does not show a unit designation. d. Army Good Conduct Medal (Posthumous): (1) Permanent order 242-03, HRC, dated 30 August 2013, shows the SM’s unit as Company G, 2nd Battalion, 327th Glider Infantry Regiment, 82d Airborne Division. (2) Permanent order 007-03, HRC, dated 7 January 2016, amended permanent order 242-03, HRC, dated 30 August 2013, to show the SM’s unit as Company G, 401st Glider Infantry, with no division specified. e. Combat Infantryman Badge (Posthumous): (1) Permanent order 242-02, HRC, dated 30 August 2013, shows the SM’s unit as Company G, 2nd Battalion, 327th Glider Infantry Regiment, 82d Airborne Division. (2) Permanent order 007-05, HRC, dated 7 January 2016, amending permanent order 242-02, HRC, dated 30 August 2013, to show the SM’s unit as Company G, 401st Glider Infantry, with no division specified. REFERENCES: 1. Army Regulation (AR) 600-45 (Personnel Decorations) with change 1, in effect on 9 March 1944, states in paragraph 8 that a commander in the grade of brigadier general or higher is authorized to make awards only to individuals permanently assigned to that command, except that combat awards, such as the Silver Star, may be made for acts performed by individuals physically present within that command under competent orders. 2. Army Regulation 600-8-22 (Military Awards) does not require issuing orders or citations for award of the American Campaign Medal, European-African-Middle Easter Campaign Medal, World War II Victory Medal, Glider Wings, Belgian Fourragere, or Netherlands Orange Lanyard. At the time the SM served, certificates were not issued for the Army Good Conduct Medal. 3. Army Regulation 600-8-105 (Military Orders), paragraph 2-5, states that orders for Soldiers will show a standard name line which consists of name, social security number or service number, unit of assignment, and station of assignment. The instructions for the unit of assignment and station are to show the unit of assignment and location on the date the Soldier qualifies for the award. There is no provision for listing the unit of attachment. Paragraph 2-22 states an order may be corrected by the organization that published the original order to show the true state of affairs existing at the time the original order was published. DISCUSSION: 1. The SM was a member of Company G, 2nd Battalion, 401st Glider Infantry Regiment, before 9 June 1944, the date of his award of the Silver Star, until his death in action on 25 September 1944. During this time, the 2nd Battalion, 401st Gilder Infantry Regiment, 101st Airborne Division, was attached to the 325th Glider Infantry Regiment, 82d Airborne Division. 2. The Commander, 82d Airborne Division, had authority to issue orders for Soldiers not assigned to the 82d Airborne Division who were physically present with that command under competent orders during combat. The SM’s unit, the 2nd Battalion, 401st Glider Infantry Regiment, was attached to the 82d Airborne Division from 6 June 1044 to 1 March 1945 during combat; therefore, the Commander, 82d Airborne Division, was authorized to award the SM the Silver Star. 3. The 2nd Battalion, 401st Glider Infantry Regiment, was consolidated with the 3rd Battalion, 325th Glider Infantry Regiment on 6 April 1945, which was 6 months after the SM's death. Accordingly, the SM could not have served in the 3rd Battalion, 325th Glider Infantry Regiment, 82d Airborne Division. 4. Company G, 2nd Battalion, 401st Glider Infantry Regiment, was never attached to the 327th Glider Infantry Regiment, 101st Airborne Division. The ADB appears to have incorrectly cited the FSM’s unit on his award orders and citations, dated 30 September 2013, as Company G, 2nd Battalion, 327th Glider Infantry Regiment, 82nd Airborne Division (the 327th was in the 101st Airborne Division, not the 82d Airborne Division). 5. Award orders and certificates initially issued by ADB on 30 August 2013 for the FSM showed his unit of assignment as Company G, 2nd Battalion, 327th Glider Infantry Regiment, 82d Airborne Division. His unit of assignment through his death in action was Company G, 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division, which was attached to the 325th Glider Infantry Regiment, 82d Airborne Division from 6 June 1944 to 1 March 1945. Amended orders and corrected certificates were issued by ADB on 7 January 2016 showing the FSM’s unit as Company G, 401st Glider Infantry, with no battalion or division specified. While this is consistent with the unit of assignment shown on the FSM’s Silver Star orders, dated 28 January 1945, it is not a complete unit of assignment designation. The complete designation would be Company G, 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division. 6. The applicant requested award orders and citations be reissued showing the FSM was a member of both Company G, 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division, and Company G, 3rd Battalion, 325th Glider Infantry Regiment, 82d Airborne Division, at the time of his awards. The FSM was not assigned to both of these units concurrently and was never assigned to Company G, 3rd Battalion, 325th Glider Infantry Regiment, 82d Airborne Division, because that unit did not exist until 6 April 1945, which was 6 months after his death in action. 7. As an exception to the regulation and to provide clarity, the FSM’s unit of assignment on orders and citations could be shown as “Company G, 2nd Battalion, 401st Glider Infantry Regiment, 101st Airborne Division, attached to 325th Glider Infantry Regiment, 82d Airborne Division.” This correction may be completed by issuing corrected copies of the original HRC orders (and revoking amendments of those orders). 8. Award orders and applicable certificates and citations are issued for the Silver Star, Bronze Star Medal, Purple Heart, and Combat Infantryman Badge. Orders, certificates, and citations are not issued for the American Campaign Medal, European-African-Middle Easter Campaign Medal, World War II Victory Medal, Glider Wings, Belgian Fourragere, or Netherlands Orange Lanyard. At the time the SM served, certificates were not issued for the Army Good Conduct Medal. 9. The memorandum for the SM's record issued by the Chief, ADB, HRC, dated 5 September 2013, showing the awards and decorations the FSM is authorized does not list unit designations, and therefore does not require clarification. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011679 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011679 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2