RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20040011210


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 the records of her deceased brother, a
former service member (FSM), be corrected to show that he was awarded the
Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

2.  The applicant states, in effect, the FSM wrote home on 28 February 1945
and informed her that he was recommended for the CIB and BSM.  He died in
battle on 4 March 1945.

3.  The applicant provides:

      a.  A Privacy Act Release Form, dated 2 August 2004.

      b.  A letter from the National Personnel Records Center (NPRC), dated
5 October 2004, stating that no records exist pertaining to the FSM.

      c.  A copy of a War Department Adjutant General's Office Report of
Death verifying that the FSM was killed in action on 4 March 1945.

      d.  A copy of an illegible form.

      e.  A copy of a "V-Mail" letter from the FSM to the applicant, dated
28 February 1945.

4.  Under separate cover, the applicant also provided:

      a.  A copy of the FSM's birth certificate.

      b.  A copy of her [applicant's] birth certificate.

      c.  A copy of a Western Union telegram confirming the FSM's death.

      d.  A copy of a 5 April 1945 letter, Headquarters, 276th Infantry
Regiment, 70th Infantry Division, written by the Regimental Chaplain.

      e.  A copy of a letter, War Department, The Adjutant General's
Office, dated 16 March 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 March 1945.  The application submitted in this case is
date stamped 7 December 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 limitations 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.  From the documents provided by the applicant, it is apparent that the
FSM:

      a.  Was an infantry rifleman assigned to Company I, 276th Infantry
Regiment during World War II;

      b.  Was serving in the European-African-Middle Eastern Theater of
Operations;

      c.  Was killed in action on 4 March 1945; and

      d.  Was a good Soldier who was well liked and respected by his
comrades.

5.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal (GCMDL), service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides:

      a.  The CIB was established by War Department Circular 269-1943 to
recognize and provide an incentive to infantrymen.  The CIB was awarded for
exemplary conduct in action against the enemy.  War Department Circular 186-
1944 expanded on award of the CIB by adding it was to be awarded only to
infantrymen serving with infantry units of brigade, regimental or smaller
size.  The Awards Branch, Total Army Personnel Command, (USAHRC) 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:

      • 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)

      b.  The BSM is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The BSM 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
CIB is considered to be a citation in orders.  Therefore, the BSM is to be
awarded to individuals who were authorized the CIB for service during World
War II.

      c.  The Purple Heart (PH) was established by General George
Washington at Newburgh, New York on 7 August 1782 during the Revolutionary
War.  It was reestablished by the President of the United States per War
Department General Orders Number 3 in 1932.  It was awarded in the name of
the President of the United States to any member of the Armed Forces or any
civilian national of the United States who, while serving under competent
authority in any capacity with one of the U.S. Armed Services after 5 April
1917, died or sustained wounds as a result of hostile action.

      d.  The GCMDL is awarded to 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
GCMDL, 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.  The current standard for award of the
GCMDL is 3 years of qualifying service, but as little as one year is
required for the first award in those cases when the period of service ends
with the termination of Federal military service.

      e.  The European-African-Middle Eastern (EAME) Campaign Medal is
awarded for qualifying service in the European-African-Middle Eastern
Theater of Operations for the period 7 December 1941 to 8 November 1945.

      f.  The World War II Victory Medal (WWII Victory Medal) is awarded
for service between 7 December 1941 and 31 December 1946, both dates
inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was a Soldier serving on active duty during World War II.  He
was an infantryman assigned to Company I, 276th Infantry Regiment.  He was
killed in action on 4 March 1945.

2.  Because he was killed in action, the Army did not create a WD AGO Form
53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for
the FSM.  This document would have listed all awards and decorations to
which the FSM was entitled.

3.  In the absence of a WD AGO Form 53-55 on which to record the FSM's
awards, the Army Review Boards Agency Case Management Support Division
(CMSD), St. Louis, Missouri should provide the applicant a statement
showing all of the awards the FSM is authorized.

4.  Records show the applicant should have discovered the error or
injustice now under consideration on 4 March 1945, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.

BOARD VOTE:

__jch___  __teo___  __phm___  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 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:

      a.  Showing the FSM was entitled to the Bronze Star Medal, Purple
Heart, Good Conduct Medal, European-African-Middle Eastern Campaign Medal,
WWII Victory Medal, and Combat Infantryman Badge.

      b.  Issuing to the applicant a statement showing the FSM is
authorized the above awards, decorations and badges.




                                  James C. Hise
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011210                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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