IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170006409 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: 22 August 2018 DOCKET NUMBER: AR20170006409 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 issuing the applicant the appropriate document showing the FSM's authorized awards as the: * Bronze Star Medal * Purple Heart * Good Conduct Medal * European-African-Middle Eastern Campaign Medal with one bronze service star * World War II Victory Medal * American Campaign Medal * Combat Infantryman Badge * Drivers Badge * Expert Rifle Qualification Badge with Rifle Bar * Honorable Service Lapel Button (WW II) 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 award of: * American Campaign Medal * Army of Occupation Medal with Germany Clasp * National Defense Service Medal * French Croix de Guerre with Palm ? * World War II Defense Medal * two additional bronze service stars for wear on the European Theater of Operations is the European-African-Middle Eastern Campaign Medal __________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: 22 August 2018 DOCKET NUMBER: AR20170006409 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 correction of the former service member's (FSM) records to show his awards as the: * Bronze Star Medal * Purple Heart * Good Conduct Medal * American Campaign Medal * European Theater of Operations is the European-African-Middle Eastern Campaign Medal with three bronze service stars * World War II (WW II) Defense Medal with bronze service stars * Army of Occupation Medal with Germany Clasp * National Defense Service Medal * Combat Infantryman Badge * Drivers Badge * Expert Rifle Qualification Badge with Rifle Bar * French Croix de Guerre with Palm 2. The applicant states the (FSM) is entitled to the: a. American Campaign Medal – he meets the requirements for this award by being on active duty in the Continental United States beginning 23 March 1942 for the required length of time prior to movement overseas to the European Theater of Operations with Company B, 9th Armored Infantry Battalion, 6th Armored Division in February 1944. The WD AGO Form 52-1 shows Date of Entry on Current Active Service as 23 March 1942. b. European-African-Middle Eastern Campaign Medal with three bronze service stars – the FSM is authorized this award by being in Company B, 9th Armored Infantry Battalion, 6th Armored Division which landed In France on 19 July 1944. He participated in three campaigns from 19 July to 12 November 1944: Normandy, Northern France and Rhineland. Award of this medal is shown on the Inventory of Personal Affects. c. World War II Victory Medal, the FSM served from 23 March 1972 to 12 November 1944 and in accordance with regulations the FSM is authorized this medal. d. French Croix de Guerre – the Department of Army Pamphlet (DA PAM) 672-1 shows his unit was authorized the French Croix de Guerre. e. Expert Rifle Qualification Badge is shown on the Inventory of Personal Effects. f. Driver's Badge is shown on the Inventory of Personal Effects. g. Combat Infantryman Badge – he meets the requirements as stated in Army Regulation 600-8-22 Chapter 8 Paragraph 8-6 based on the entry on the WD AGO Form 52-1 stating he was a "Combat Infantryman". If he had not been authorized the Combat Infantryman Badge this entry would have been marked "Infantryman." h. Bronze Star Medal - The WD AGO Form 52-1, (Report Of Death), dated 29 May 1944, states "Combat Infantryman" in the box "Additional Data and/or Statement" in the FSM's, he is entitled to the Bronze Star Medal as per Army Regulation 600-8-22 Chapter 3 Paragraph 3-14 subparagraph 2. i. Purple Heart – the FSM is entitled to this award because he was killed in action in accordance with Army Regulation 600-8-22, Paragraph 2-8b j. Good Conduct Medal – he entitled to this award based the entry on the Summary Court-Martial Case No. 313,346, date 7 June 1945, in the box "Inventory Of Effects" showing "1 Ribbon, combination ETO & Good Conduct." k. World War II Defense Medal with five bronze service stars for the five campaigns the 6th Armored Division participated in during WWII. 3. The applicant provides a copy of: * one page of the 6th Armored Divisions unit history * Inventory of Personal Effects * War Department Battle Casualty Report * Office of the Surgeon General Hospitalization File Listing (commonly referred to as the SGO files) * WD AGO Form 52-1 (Report of Death) * 15 September 2016 National Personnel Records Center (NPRC) Authorized Awards letter and her request to NPRC for awards 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. It is believed that the FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant. 3. The applicant references the following documents that are not included in the application: * Summary Court-Martial Case Number 313,346 dated 7 June 1945 [unless she is incorrectly referring to 27 November 1944 Inventory of Personal Effect] * Report of Burial (Graves Registration Form Number 1) * a studio photograph 4. The FSM entered active duty on 23 March 1942 and was killed in action on 14 November 1944. 5. The Inventory of Personal Effects, dated 27 November 1944, shows the FSM was a Tec 5, assigned to Company B, 9th Armored Infantry Battalion. He was killed in action on 12 November 1944 with the notation "1 Ribbon combination ETO and Good Conduct" and "2 Medals (1 Expert & 1 Drivers) 6. War Department Battle Casualty Report shows the FSM was killed in action in France on 14 November 1944. 7. WD AGO Form 52-1 show the FSM was an infantryman killed in action in the European area on 14 November 1944. In the Additional Data block it states he was a "Combat Infantryman." 8. The Office of the Surgeon General Hospitalization File Listing (commonly referred to as the SGO files) shows the applicant was a battle casualty killed in action in November 1944. 9. In her request to the National Personnel Records Center (NPRC) the applicant requested issuance of the following medals: * Purple Heart * Bronze Star Medal * Combat Infantryman Badge * National Defense Service Medal * American Campaign Medal * European-African-Middle Eastern Campaign Medal Good Conduct Medal * WW II Defense Medal with bronze service stars * French Croix de Guerre with Palm * Ribbon combination ETO Medal * Good Conduct Medal * Expert Qualification Badge * Drivers Badge * WW II Occupation Medal (Army of Occupation Medal with Germany Clasp) 10. On 15 September 2016 the NPRC advised the applicant that the FSM was authorized the following awards: * Bronze Star Medal * Purple Heart * European-African-Middle Eastern Campaign Medal with one bronze service star * WW II Victory Medal * Combat Infantryman Badge * Honorable Service Lapel Button WW II 11. NPRC also stated that no records were found to show the FSM was authorized the: * National Defense Service Medal * American Campaign Medal * French Croix de Guerre with Palm * WW II Defense Medal * Good Conduct Medal * WW II Occupation Medal * Driver's Badge * Expert/Marksman Qualification Badge 12. Department of the Army General Orders Number 43, dated 19 December 1950, (DAGO 43-50) states two citations are required before a unit becomes eligible for the award of the Fourragere. The award of the Fourragere is not automatic, but must be specifically authorized by decree of the respective foreign government. A citation in orders or award of the Croix de Guerre to a unit does not authorize the wearing of the decoration by an individual. Likewise, no award of the Croix de Guerre to an individual will serve to constitute eligibility to wear the Fourragere. The Fourragere may be worn permanently by individuals who participated with the unit in both actions for which the unit was cited. The DAGO shows that the 9th Armored Infantry Battalion, 6th Armored Division was awarded the French Croix de Guerre with Palm, under Decision Number 267, dated 22 July 1946, by the President of the Provisional Government of the French Republic, with the following citation: A unit which distinguished itself by the courage and heroism of its members. In the course of the attack on a position in the neighborhood of Chambrey, district of Nancy, it rushed to the attack under enemy fire. Rushing into position, it drove the enemy out of it after fierce and deadly hand-to-hand combat. The glorious sacrifice of this unit made possible the resumption of the victorious march of the Allied forces. [The Battle of Nancy was a 10 day battle in September 1944.] REFERENCES: 1. Department of the Army Pamphlet 672–1 shows that the 9th Armored Infantry Battalion was authorized the French Croix de Guerre (citation not dated) by Department of the Army General Order 43, 1950 and participated in five campaigns: * Normandy – 6 June – 24 July 1944 * Northern France – 25 July – 14 September 1944 * Rhineland – 15 September 1944 – 21 March 1945 * Ardennes-Alsace – 16 December 1944 – 25 January 1945 * Central Europe – 22 March – 11 May 1945 2. Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. 3. Army Regulation 600-8-22 (Military Awards) provides the following: a. 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. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. b. The Purple Heart is awarded to personnel who are killed or wounded while in action against an enemy or as a result of hostile action. c. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. For first award only, the Good Conduct Medal was authorized 1 year served entirely during the period 7 December 1941 to 2 March 1946. d. The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945. This medal is awarded to any service member who was permanently assigned in the theater or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that they actually participated in combat. A bronze service star is authorized for each campaign where the service member was assigned or attached to, and present for duty with, a unit during the period in which the unit participated in combat. e. The 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 active combat against the enemy for an aggregate period of one year. f. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. g. For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. h. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. i. The Honorable Service Lapel Button is authorized for honorable Federal military service between 8 September 1939 and 31 December 1946. It is worn on civilian attire (no military uniform) to recognize a servicemember's honorable service. j. Foreign awards – the only emblems authorized for wear on the uniform to indicate a foreign decoration received by a unit are the French and Belgian Fourrageres, the Netherlands Orange Lanyard, the Philippine Republic Presidential Unit Citation Badge, the Republic of Korea Presidential Unit Citation Badge, the Vietnam Presidential Unit Citation Badge, the Republic of Vietnam Gallantry Cross Unit Citation Badge, and the Republic of Vietnam Civil Actions Medal Unit Citation Badges. 4. The French Croix de Guerre (War Cross) 1939–1945) is a military decoration of France created in 1939, to honor people who fought with the Allies against the Axis forces at any time during World War II. The Croix de Guerre may either be awarded as an individual or unit award to those soldiers who distinguish themselves by acts of heroism involving combat with the enemy. The medal is awarded to those who have been "mentioned in dispatches" meaning a heroic deed or deeds were performed meriting a citation from an individual's headquarters unit. As a unit award the Croix can be awarded to military units mentioned in dispatches. A unit, usually a regiment or a battalion, is always mentioned at the army level. The Croix is then a Croix de Guerre with palm. When a unit is mentioned twice, it is awarded the fourragθre of the Croix de Guerre. There are different grades of the Croix which correspond to the level of dispatch that mentions the feat of valor: * a bronze star for those who had been mentioned at the regiment or brigade level * a silver star, for those who had been mentioned at the division level * a silver-gilt (gold) star for those who had been mentioned at the corps level * a bronze palm for those who had been mentioned at the army level * a silver palm stands for five bronze ones * a silver-gilt (gold) palm for those who had been mentioned at the Free French Forces level DISCUSSION: 1. There is no official award or decoration called the World War II Defense Medal. 2. The FSM was killed in action prior to the earliest date for eligibility to the Army of Occupation Medal with Germany Clasp. 3. The National Defense Service Medal is not authorized for service prior to 27 July 1950. 4. There is no available evidence that the FSM was authorized an individual award of the French Croix de Guerre. A single unit award of the French Croix de Guerre does not meet the criteria as an entry on a service member's authorized awards. Without either of these two factors, entry of the Croix de Guerre as an authorized award is not authorized. 5. The FSM is shown to have been a battle casualty – killed in action. Based on this fact he meets the eligibility criteria for the Purple Heart. 6. The limited available records show that the FSM served in the European theater of operations. He is authorized the European-African-Middle Eastern Campaign Medal. 7. While it is likely that the FSM served his entire period of service in Europe with the 9th Armored Infantry, his duty assignments cannot be verified by the available records. Without a record to show he participated in more than one campaign (the one in which he was killed) entitlement to more than one bronze service star, for wear on the European-African-Middle Eastern Campaign Medal, cannot be verified. 8. The applicant meets the criteria for award of the Combat Infantryman Badge for being a member of an infantry unit during a period that unit was engaged in active ground combat. Furthermore, award of the Combat Infantryman Badge automatically entitles a Soldier to award of the Bronze Star Medal 9. As an infantryman the notation of award of the Expert Qualification Badge is most likely for the primary service weapon a rifle. 10. The limited service records also show the FSM was awarded the Army Good Conduct Medal and the Driver's Badge. 11. He meets the criteria for award of the WWII Victory Medal and the Honorable Service Lapel Button based on his period of service. 12. The evidence shows he served in the continental United States from the date he entered active duty on 23 March 1942 until he arrived in the overseas theater, where he was killed in action on 14 November 1944. He appears to meet the criteria for award of the American Campaign Medal //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006409 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170006409 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2