| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Ronald J. Weaver | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his military record be corrected to show that he was separated as a corporal (CPL - Grade 5), or sergeant (SGT - Grade 4), not a Private First Class (PFC - Grade 6).
2. The applicant telephonically amended his application to request any and all awards and decorations to which he may be entitled.
3. The applicant states that he served as a machine gunner and was a PFC when he was assigned to the European Theater of Operations (ETO). He was injured and hospitalized and believes that he should have received a promotion. He is 82 years of age and desires that his Veterans Administration (VA) headstone show something other than PFC.
4. The applicant provides in support of his request a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) which he desires to have returned to him.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error or injustice which occurred on 9 October 1945. The application submitted in this case is dated 11 April 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from a partially reconstructed record.
4. The available evidence shows that the applicant was inducted into the Army of the United States on 31 May 1944 and served until honorably discharged on 9 October 1945, a total of 1 year, 4 months, and 10 days. He served in the ETO from 27 November 1944 to 21 April 1945. He was wounded in action in France
on 9 January 1945 and was medically evacuated to the United States, returning on or about 7 May 1945. He never returned to the ETO and was honorably separated from the Percy Jones Hospital Center, Fort Custer, Michigan with a certificate of disability.
5. The applicant's WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 605 (Heavy Machine Gunner) as a member of Company H, 114th Infantry Regiment, 44th Infantry Division. He was credited with participation in two campaigns (Northern France and Rhineland). His listed awards include the Purple Heart (PH), Good Conduct Medal (GCMDL), and the European-African-Middle Eastern (EAME) Campaign Medal with two bronze service stars.
6. The applicant, as a newly inducted Soldier, would have held the rank of Private (PVT). It is not known when he was promoted one grade to PFC; however, he was honorably discharged on 9 October 1945 in the rank of PFC. There is no indication in the limited available records that he was ever on a promotion list to any grade above PFC. There were no provisions for automatic promotions other than for prisoners of war (POW) who remained in a POW status for 18 months or longer.
7. War Department Circular 269-1943 established the Combat Infantryman Badge (CIB) and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen. The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The CIB was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. The Awards Branch, Total Army Personnel Command, 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:
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)
basic infantry missions when the need arises. However, no other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war, and no other branch of the service suffers more casualties than the infantry. To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for award has changed little over the years.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the applicant was ever promoted to the rank of CPL or SGT. Had the applicant been under consideration for promotion as a member of Company H, 114th Infantry Regiment, that consideration most likely ended with his medical evacuation out of the ETO. It is simply no longer possible to determine whether the applicant ever would have been promoted beyond PFC.
2. The applicant's WD AGO Form 53-55 fails to reflect all of the awards and decorations to which he is entitled. It is determined the applicant is entitled to award of the BSM, ACM, WW II Victory Medal, and CIB. His record should be corrected to reflect these awards.
3. The applicant's awards may be reflected on his VA headstone, thus it is important that such prestigious awards (especially the BSM and CIB) be reflected along with his PH.
BOARD VOTE:
__jhl___ __aao___ __rjw___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003089954 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040122 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | 107.0060 |
| 3. | 107.0066 |
| 4. | |
| 5. | |
| 6. |
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