RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 May 2005
DOCKET NUMBER: AR20040006558
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Leonard G. Hassell | |Member |
| |Ms. Laverne V. Berry | |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 his deceased brother, a former service
member (FSM), be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that the FSM died before any awards were made.
Only the Purple Heart was recorded.
3. The applicant provides the FSM's cemetery record; disposition of
remains records; and a reply, dated 4 March 1974, from the National
Archives and Records Administration with attachments.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 4 April 1943. The application submitted in this case is
dated 6 August 2004.
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 FSM’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 FSM’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.
4. The FSM entered the Army on 25 July 1942 and died in combat on 4 April
1943.
5. A roster of Company B, 47th Infantry dated 23 March 1943, provided by
the National Archives and Records Administration, shows the FSM was a
private with the unit.
6. A War Department, Army Effects Bureau letter dated 8 December 1943,
Subject: Report of transactions in disposing of the effects of _______,
listed the FSM's organization, arm, or service as Infantry.
7. In response to an inquiry from the Board analyst, the applicant stated
that the FSM's duties were, "…a basic infantry man who was a BAR (Browning
Automatic Rifle) man. He was in company B 47th Combat Regimental Team Inf.
Reg. He was a footsoldier, dogface killed in action by a Mortar in front
of his platoon as a BAR man was supposed to be…"
8. Army Regulation 600-8-22 (Military Awards) provides for the award of
the Combat Infantryman Badge to a Soldier who is an infantryman
satisfactorily performing infantry duties, who is assigned to an infantry
unit during such time as the unit is engaged in active ground combat, and
who must participates in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows the FSM was assigned to an
infantry unit and actively participated in combat. The limited records
appear to show that he was an infantryman, also.
2. A roster of Company B, 47th Infantry provided by the National Archives
and Records Administration shows the FSM was a private with the unit. A
War Department, Army Effects Bureau letter dated 8 December 1943 listed his
organization, arm, or service as Infantry. These documents, combined with
the applicant's detailed description of the FSM's duties, appear to confirm
that the FSM was an infantryman. Any reasonable doubt should be resolved
favorably.
BOARD VOTE:
__jea___ __lgh___ __lvb___ GRANT 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 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 showing the FSM was awarded the Combat
Infantryman Badge and by issuing to the applicant the Combat Infantryman
Badge.
__James E. Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR20040006558 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050505 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |107.0111 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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