RECORD OF PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 29 January 2004
         DOCKET NUMBER: AR2003089526

         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. Klaus P. Schumann		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Walter T. Morrison		Member
Ms. Karen Y. Fletcher		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his military records be corrected to show all awards and decorations to which he is entitled for his service in the United States Army.

2. The applicant states, in effect, that he was awarded the Bronze Star Medal, Purple Heart and the Combat Infantryman Badge while in the Army, but they are not reflected on his separation document (WD AGO 53-55). He further states that his participation in the Battle of the Bulge and the landing in Normandy on
D-Day are also not reflected in his records.

3. The applicant provides a copy of a WD AGO 53-55, dated 21 July 1945, in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 21 July 1945. The application submitted in this case is dated 27 March 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 records are not available to the Board. This case is being considered based on reconstructed records which consist primarily of the applicant's WD AGO Form 53-55, a copy of a Final Payment Roll (Standard Form 371), a copy of an Office of the Surgeon General (OTSG) Hospitalization File Listing for 1945, dated 23 April 1992, and a DA Form 1577 (Authorization for Issuance of Awards), dated 19 July 1999.

4. The applicant's WD AGO Form 53-55 shows that he entered active duty 1 April 1943 and that he served in the infantry specialty 745 (Rifleman). This document also shows that he served in the European Theater of Operations (ETO) from 8 May 1944 through 3 June 1945, and that he was honorably separated due to a disability on 21 July 1945.

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5. Item 32 (Battles and Campaigns) of the separation document contains the entry “Not Available.” Item 33 (Decorations and Citations) shows that he
earned the European-African-Middle Eastern Theater Campaign Medal.

6. Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 is blank, and gives no indication that he sustained a wound or injury in action during his service during World War II. Item 55 (Remarks) shows that he also received the Honorable Service Lapel Button for his World War II service.

7. A DA Form 1577 on file, dated 19 July 1999, authorized the issue of the following awards to the applicant: Good Conduct Medal (GCMDL); American Campaign Medal; European-African-Middle Eastern Campaign Medal; World War II Victory Medal; and Honorable Service Lapel Button for World War II.

8. There are no orders on file in the applicant's available service personnel records that show he was ever awarded the Purple Heart. Additionally, there is no evidence that indicates he was ever wounded or injured as a result of hostile action during his tenure on active duty.

9. An OTSG Hospitalization File Listing on file shows that on 15 May 1945, the applicant was admitted to a medical facility in the ETO for treatment of an illness (Encephalopathy) that was caused by disease. This medical treatment record contains no indication that the illness was combat related or caused by enemy action.

10. The available evidence does not show the applicant was awarded the
Combat Infantryman Badge. However, it does confirm that he served in the an
infantry specialty of 745 (Rifleman) and his final payment roll confirms he
received combat infantry pay until the date of his separation from active service.

11. The applicant's separation document does not include the GCMDL in the list of awards contained in Item 33. However, the record shows that he did complete a one-year qualifying period of service, from 1 April 1943 to 21 July 1945, subsequent to which his Federal military service was terminated. Further, he was issued this award by the Army in 1999.

12. War Department Circular 269-1943 contained guidance on award of the Combat Infantryman Badge during World War II. It provided, in pertinent part, that the Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.

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13. War Department Circular 186-1944 further provided that World War II holders of the Combat Infantryman Badge would receive a monthly pay supplement known as combat infantry pay. Thus, pay records are frequently the best available source to verify entitlement to this award. The Awards Branch, Total Army Personnel 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 certain infantry positions, one of which was Rifleman (745).

14. Army Regulation 600-8-22 prescribes the Army’s awards policy. It 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. It also stipulates that 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, and that award of the Combat Infantryman 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 were authorized the Combat Infantryman Badge during World War II.

15. The awards regulation also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is three years; however, 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. Although, there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16. Army Regulation 600-8-22 also provides for award of the American Campaign Medal. It states, in pertinent part, that it is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, or service within the continental United States for an aggregate period of one year.

17. The awards regulation also provides for award of the World War II Victory Medal. It states, in pertinent part, that it is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.

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DISCUSSION AND CONCLUSIONS:

1. There is no evidence of record and the applicant has provided no evidence, that shows he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

2. The available medical treatment records show only that he was admitted to a medical facility in the ETO on 15 May 1945 and treated for an illness (Encephalopathy) that was due to a disease. There is no indication that his contracting this illness was related to hostile enemy action. In the absence of any other corroborating evidence showing that the applicant was wounded or injured as a result of hostile action, the available medical documents provide an insufficient evidentiary basis to satisfy the regulatory criteria for award of the Purple Heart.

3. The available evidence does show that the applicant served in an infantry specialty and that he received combat infantry pay. Therefore, it is clear he was entitled to the Combat Infantryman Badge, which should now be added to his record. Further, by regulation, based on his having earned the Combat Infantryman Badge, he is also entitled to receive the Bronze Star Medal for his exceptionally meritorious service in the ETO for the period 8 May 1944 through 3 June 1945.

4. The evidence of record also shows that the applicant served a qualifying
one-year period of honorable active duty service between 7 December 1941 and 2 March 1946 that entitles him to receive the GCMDL. Lacking any derogatory information on file or a specific disqualification from any of his active duty unit commanders, this award should also be added to his record.

5. The applicant served an aggregate period of service of more than 1 year in the American Theater during World War II, and therefore, he is entitled to the American Campaign Medal. Further, his active duty service during the period
1 April 1943 through 21 July 1945 entitles him to the World War II Victory Medal. As a result, it would also be appropriate to add these awards to his record at this time.

6. The applicant’s separation document and other available documents do not clearly identify the unit the applicant served with in the ETO. Therefore, the campaign and battle participation credit he is entitled to cannot be determined.

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BOARD VOTE:

__WTM__ __KF__ __RO_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge, Bronze Star Medal, and Army Good Conduct Medal; by showing that he is entitled to the American Campaign Medal and World War II Victory Medal; and by providing him a corrected separation document that includes these awards.

2. The Board further determined that 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 the Purple Heart and to adding campaign and battle participation credit.




                  Raymond V. O’Connor
                                            CHAIRPERSON

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INDEX

CASE ID	AR2003089526
SUFFIX
RECON
DATE BOARDED	2004/01/29
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/07/21
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. BSM	107.0014.0000
2. CIB	107.0111.0000
3.
4.
5.
6.