RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2008 DOCKET NUMBER: AR20070015012 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 Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. Frank C. Jones Chairperson Ms. Carmen Duncan Member Mr. Scott W. Faught 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 that he be awarded the Combat Infantryman Badge and the Bronze Star Medal. 2. The applicant states that he served 171 days in combat during World War II and he should have been awarded the Combat Infantryman Badge and the Bronze Star Medal. 3. The applicant provides his WD AGO Form 53-55 (Honorable Discharge and Report of Separation). 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 applicant’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 applicant’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 applicant enlisted in the Regular Army on 9 April 1941. He arrived in the European Theater of Operations on 16 December 1943. He departed the Theater on 1 March 1945. On 10 July 1945, he was honorably discharged with a certificate of disability. 4. The applicant’s WD AGO Form 53-55 shows he was awarded the American Defense Service Ribbon, the Good Conduct Ribbon, 3 battle stars, the Purple Heart (for wounds received in the left side of the throat on 29 November 1944), the European African Middle-Eastern Theater Ribbon, and the “Pre Pearl Harbor Ribbon.” 5. Item 6 (Organization) of the applicant’s WD AGO Form 53-55 shows his organization as Company (illegible), 28th Infantry Regiment. In earlier correspondence with the Department of the Army, he indicated he was in Company M, 28th Infantry Regiment. Item 30 (Military Occupational Specialty and No.) shows his military occupational specialty as 745, Rifleman. Item 31 (Military Qualification and Date) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Infantryman Badge (awarded on 24 July 1944). 6. Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows his campaigns as “Northern French Campaign 15 Jul 1944,” “Normandy Campaign Aug 1944,” and “German Campaign 17 Nov 1944.” 7. War Department Circular 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. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. The Military Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions: a. Light machine gunner (604) b. Heavy machine gunner (605) c. Platoon sergeant (651) d. Squad leader (653) e. Rifleman (745) f. Automatic rifleman (746) g. Heavy weapons NCO (812) h. Gun crewman (864) 8. Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat. DISCUSSION AND CONCLUSIONS: 1. The applicant had been awarded the Expert Infantryman Badge on 24 July 1944. Since he was participating in the Northern French Campaign at that time, it appears reasonable to presume that he was awarded this badge based on satisfactory performance of duty in action against the enemy rather than just for attaining certain proficiency standards. 2. The applicant was wounded in action in November 1944. Based upon those wounds, it appears reasonable to presume that his performance of duty subsequently met the standard of “exemplary conduct in action against the enemy.” Any reasonable doubt should be resolved in the applicant’s favor, and it would therefore be appropriate to show he was awarded the Combat Infantryman Badge. 3. Based upon award of the Combat Infantryman Badge, the applicant is eligible for award of the Bronze Star Medal. BOARD VOTE: __fcj___ __cd____ __swf___ GRANT FULL RELIEF ________ ________ ________ 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: a. showing he was awarded the Combat Infantryman Badge; b. awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge; and c. adding the Combat Infantryman Badge and the Bronze Star Medal based upon award of the Combat Infantryman Badge to his WD AGO Form 53-55. ____Frank C. Jones____ CHAIRPERSON INDEX CASE ID AR20070015012 SUFFIX RECON DATE BOARDED YYYYMMDD TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 107.0014 2. 107.0111 3. 4. 5. 6.