PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER: AR2003087796


         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.

Mr. Carl W. S. Chun		Director
Mr. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. Ronald E. Blakely		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect that his father, a deceased former service member (FSM) be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal based on the CIB.

3. The applicant states, in effect, that his father was killed in action in Germany while serving as an infantryman in D Company, 36^th Armored Infantry Regiment 3^rd Armored Division. He relates that his mother passed the FSM's Purple Heart on to the children before her death. In support of his request he submits a copy of a War Department (WD) Adjutant General's Office (AGO) Form 32-1, Report of Death.

4. The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.

5. The WD AGO 32-1, Report of Death, shows that the FSM, who entered active duty on 25 March 1944 was killed in action on 18 November 1944 He had served as an infantryman in Europe. [His actual date of arrival in the European Theater of Operations is unknown. However, the 36th Armored Infantry Regiment went into action in France on 29 June 1944. He was probably a recent replacement in the unit because the regiment had earlier served in the Italian campaigns.] The FSM was listed as missing in action from 18 November to 27 December 1944 when sufficient evidence became available to determine that he had been killed in action on 18 November 1944. He had attained the rank of private first class (PFC).

6. The WD AGO 32-1 also shows that the FSM's beneficiaries included his wife, the applicant, another son and the FSM's parents. All were residents of Elmira, New York.

7. Available morning reports for D Company, 36^th Armored Infantry Regiment, 3^rd Armored Division show that the unit was in Germany and confirm the above mortality information. They also show that the FSM was attached as a rifleman in military occupational specialty (MOS) 745 and that he had been advanced to private first class (PFC) on 1 November 1944.

8. The available records contain no evidence of indiscipline or other discreditable information.

9. Department of the Army (DA) Forms 1577 (Authorization for Issuance of Awards) show that he was considered eligible for the European-African-Middle Eastern Campaign Medal with two bronze service stars and the World War II Victory Medal and the Honorable Service Lapel Button WW II.

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10. 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.

11. The Awards Branch, Army Human Resources Command-Alexandria, has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions/MOSs: Light machine gunner (604), Heavy machine gunner (605), Platoon sergeant (651), Squad leader (653), Rifleman (745), Automatic rifleman (746), Heavy weapons NCO (812), Gun crewman (864).

12. 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 are authorized either badge for service during World War II.

13. Army Regulation 600-8-22 also provides, in pertinent part, that the Purple Heart is awarded to individuals who are killed or wounded while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

14. Additionally, Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to enlisted 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. Service members who died in the line of duty before completing one year of active duty were also eligible.

15. Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the applicant's period of service, his unit was credited with participation in the Northern France and Rhineland campaigns.

16. Army Regulation 600-8-22 paragraph 6-16 provides that that the Gold Star Lapel Button is authorized, "to provide an appropriate identification for widows, widowers, parents and next of kin of members who lost their lives while engaged in action against an enemy." The Gold Star Lapel Button consists of a gold star on a purple circular background, bordered in gold and surrounded by gold laurel leaves.

CONCLUSIONS:

1. The deceased FSM gave his life in combat as an infantryman in an infantry unit. He should be awarded the CIB.

2. He should be authorized the Bronze Star Medal based upon the CIB.

3. The FSM was killed in action on 18 November 1944 and is authorized an award of the Purple Heart.

4. The available records contain no discreditable information. The fact that he was a PFC with only about 6 months service demonstrates that there probably had not committed any misconduct. The FSM distinguished himself by his efficiency and fidelity as evidenced by his advancement to PFC and combat service at the cost of his life. He should be awarded the Good Conduct Medal based on qualifying service from 4 March 1944 to 18 November 1944.

5. His other authorized awards consist of the European-African-Middle Eastern Campaign Medal with two bronze service stars and the World War II Victory Medal and the Honorable Service Lapel Button WW II.

6. All of the above awards should be listed on an appropriate document along with known pertinent details of his record of service.

7. The FSM's next of kin should be provided Gold Star Lapel Button(s) as appropriate.

8. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct errors and rectify an injustice.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the deceased FSM the CIB, the Bronze Star Medal based on the CIB, the Purple Heart and the Good Conduct Medal.

2. That all known information from the FSM record of service be displayed on an appropriate form or certificate, to include:

         a. entered active duty 25 March 1944;

b. home of record – Elmira, New York;

         c. rank – PFC, date of rank -1 November 1944;

         d. MOS – Rifleman (745);

         e. served with D Company 360^th Armored Infantry Regiment, 3^rd Armored Division during the Northern France and Rhineland Campaigns;

         f. killed in action 18 November 1944 in Germany; and

         f. authorized awards include the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars and the World War II Victory Medal, the CIB and the Honorable Service Lapel Button WW II.

3. The FSM's next of kin should be provided Gold Star Lapel Button(s) as appropriate.

BOARD VOTE:

__AAO__ __ECP___ __REB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087796
SUFFIX
RECON
DATE BOARDED	20031113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.