RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 November 2005
      DOCKET NUMBER:  AR20050004659


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Larry J. Olson                |     |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, in effect, posthumous award of the Purple Heart
(PH), Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), Army Good
Conduct Medal (AGCM), American Campaign Medal (ACM), and Marksman
Qualification Badge; and issue of a Certification of Service to her
deceased uncle, a former service member (FSM).

2.  The applicant states, in effect, her uncle was killed in action (KIA)
on
7 October 1944, while serving with Company D, 317th Infantry Regiment, 80th
Infantry Division during World War II.  She further states that based on
the FSM’s service in the infantry branch, as a member of a qualifying
infantry unit, he should be entitled to the CIB, and based on this
entitlement, he should also receive the BSM.  She also states that given he
was KIA, he should also receive the PH.  The applicant also claims that
evidence she provides clearly shows the FSM served a qualifying period of
honorable active duty service that entitles him to the AGCM and that given
he was serving in combat as an infantryman, at the least he would have been
qualified as a basic marksman, which should have entitled him to the
Marksman Qualification Badge with Rifle Bar.  The applicant also states
that it would be appropriate to issue a Certification of Service to
document the FSM’s service.

3.  The applicant provides a self-authored letter and the 16 enclosures
listed on the letter in support of the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 7 October 1944, the date of the FSM’s death.  The
application submitted in this case is dated 25 March 2005.

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
applicant’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.  This case is being
considered using reconstructed records, that primarily consist of the
documents provided by the applicant.

4.  A Report of Death issued by the War Department on 7 May 1944 confirms
the FSM entered active duty in the Army on 17 April 1943.  It also shows he
served in the Infantry Branch and was KIA in the European Theater of
Operations (ETO) on 7 October 1944.

5.  The 80th Infantry Division, which included the FSM’s unit (317th
Infantry Regiment), unit history shows the unit departed the United States
on 4 July 1944 and arrived in the ETO on 7 July 1944.

6.  The Company Morning Report for Company D, 317th Infantry Regiment,
dated 15 October 1944, contained an entry that changed the FSM’s status
from duty to missing in action (MIA) on 10 October 1944.  The Company
Morning Report for 20 October 1944, changed the FSM’s status from MIA to
KIA, effective 7 October 1944.  The applicant’s military occupational
specialty (MOS) on these reports was listed as 504 (Ammunition Bearer).

7.  The available evidence contains no indication that the applicant
committed any infractions that would have disqualified him from receiving
the Army Good Conduct Medal or that he was ever disqualified for the award
by any of his active duty unit commanders.

8.  The historical records of the 80th Infantry Division confirm the enemy
shelled Soldiers of Company D, 317th Infantry Regiment Soldiers who were in
pre-attack positions on two hills on 7 October 1944, the date of the FSM’s
death.  An Office of the Surgeon General (OTSG) hospital admission record
for 1944 pertaining to the applicant shows he was serving in the infantry
and was KIA on 7 October 1944.  The causative agent listed was enemy
artillery shells fragments.

9.  A National Personnel Records Center (NPRC) letter to the applicant,
dated
9 February 2005, confirms the FSM’s entitlement to the PH, European-African-
Middle Eastern Campaign Medal with 2 bronze service stars, World War II
Victory Medal, and Honorable Lapel Button.  NPRC officials informed the
applicant in this letter that the CIB could not be issued because the FSM
did not have a qualifying MOS, and that a Certification of Military Service
(NA Form 13038) is only issued to replace a lost separation document (DD
Form 214), and is not authorized to be issued when a member dies while on
active duty.  The applicant was provided the FSM’s Report of Death, which
could be used to verify his service.

10.  War Department Circular 269-1943 established the CIB to recognize and
provide an incentive to infantrymen.  The 1943 War Department Circular
required infantrymen to demonstrate "satisfactory performance of duty in
action against the enemy." The operative words "in action" connoted actual
combat.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

12.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the BSM is authorized to members of the Armed Forces of the United States
who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

13.  Chapter 4 of the awards regulation prescribes the policy for award of
the AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  For
the first award only, 1 year served entirely during the period 7 December
1941 through 2 March 1946 is a qualifying period.
14.  Paragraph 5-14 of the awards regulation contains guidance on the
American Campaign Medal.  It states, in pertinent part, that is was
authorized for service within the American Theater between 7 December 1941
and 2 March 1946, within the continental limits of the United States for an
aggregate period of

15.  Paragraph 8-24 of the awards regulation contains guidance on United
States Army Basic Marksmanship Qualification Badges.  It states, in
pertinent part, that the basic marksmanship qualification badge is awarded
to indicate the degree in which an individual, military or civilian, has
qualified in a prescribed record course and an appropriate bar is furnished
to denote each weapon with which he or she qualified.  Each bar will be
attached to the basic badge which indicates the qualification last attained
with the respective weapon.  Basic qualification badges are of three
classes (Expert, Sharpshooter, and Marksman).  Marksman is the basic
qualification badge.

16.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the FSM’s unit (317th Infantry Regiment)
received the Distinguished Unit Citation (DUC), which is now known as the
Presidential Unit Citation (PUC).

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the FSM entered active duty in the Army on 17
April 1943, and he served in the American Theater, within the limits of the
continental United States, until departing for the ETO on 4 July 1944,
which entitled him to the American Campaign Medal.  It also shows that
during his tenure of assignment in the ETO, his unit earned the DUC (PUC).
As a result, it would be appropriate to show his entitlement to these
awards.

2.  The FSM’s Report of Death and the OTSG Hospital Record pertaining to
him confirm he was KIA, while performing infantry duties, in an infantry
regiment, in the ETO during World War II.  Although his MOS was technically
not included in the list of MOSs authorized the CIB during World War II,
the evidence suggests he was primarily performing infantry duties as a
rifleman in the 317th Infantry Regiment at the time he was KIA.  Therefore,
the regulatory burden of proof necessary to support award of the PH, CIB
and BSM has been satisfied, and it would be appropriate to award them at
this time.

3.  Lacking any derogatory information or a formal disqualification from
any of the active duty unit commanders, it is concluded the FSM’s honorable
active duty service from 17 April 1943 through 7 October 1944 qualified him
for the first award of the AGCM.  Thus, it also be appropriate to award it
at this time.

4.  The evidence further shows that the FSM completed infantry training
with the 80th Infantry Division in the continental United States, and that
he served in an infantry unit, performing infantry duties while the unit
was engaged in combat with enemy forces in the ETO.  As a result, it is
reasonable to presume he met the basic marksmanship qualification required
of all Soldiers.  Thus, it would serve the interest of equity to award him
the Marksman Qualification Badge with Rifle Bar at this time.

5.  In view of the facts of this case, the FSM’s record should be corrected
to show his entitlement to the following awards:  PH; BSM; CIB; AGCM; EAME
Campaign Medal with 2 bronze service stars; American Campaign Medal; DUC
(PUC); World War II Victory Medal; Marksman Qualification Badge with Rifle
Bar and Honorable Lapel Button.

6.  As confirmed by NPRC officials, a Certification of Service is only
issued to replace a DD Form 214.  For members KIA, the Report of Death is
the document used to verify service.  Therefore, there is an insufficient
evidentiary basis to grant this requested relief.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___JNS__  __PHM__  __LJO__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

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:

      a.  awarding him the Purple Heart, for being killed in action on 7
October 1944, while serving in the ETO;


      b.  awarding him the Combat Infantryman Badge and Bronze Star Medal,
for his exemplary conduct in ground combat as an infantryman in a
qualifying infantry unit in the ETO during World War II from 7 July through
7 October 1944;


      c.  awarding him the first award of the Army Good Conduct Medal, for
his qualifying honorable active duty service from 14 April 1943 through 7
October 1944; and


      d.  showing that based on his World War II service, he is entitled to
the Distinguished Unit Citation (Presidential Unit Citation), American
Campaign Medal, European-African-Middle Eastern Campaign Medal with 2
bronze service stars, World War II Victory Medal and Honorable Lapel
Button.

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
issue of a Certification of Service.




            ____John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004659                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A (KIA 1944/10/07                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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