RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20050014790


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |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 son of the deceased Former Service Member (FSM) requests award of
the Combat Infantryman Badge and award of the Bronze Star Medal.

2.  The applicant states that his father should have received the Combat
Infantryman Badge and the Bronze Star Medal (Posthumously).

3.  The applicant provides:

      a.  a copy of the War Department Battle Casualty Report, dated 5
December 1944;

      b.  a copy of War Department Report of Death, dated 22 December  
1944; and

      c.  a copy of a letter from the National Personnel Records Center,
Military Personnel Records, dated 26 September 2005.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The applicant submitted a letter, dated 26 September 2005, from the
Military Personnel Records section of the National Personnel Records
Center.  This letter informed the applicant that his father was entitled to
the following awards:  the American Campaign Medal, the European-African-
Middle Eastern Campaign Medal with one bronze service star, the World War
II Victory Medal, the Honorable Service Lapel Button WWII, and the Gold
Star Lapel Button-Pin.

3.  The evidence of records show that the FSM entered active duty on  
5 December 1942, and served as an Infantryman in the grade of 1st
lieutenant.  Records also show that the FSM was killed in action in France
on 20 November 1944, and that the cause of death was due to "Battle."


4.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment, and the
medical treatment must have been made a matter of official record.

5.  War Department Circular 269-1943 established the Combat Infantryman
Badge to recognize and provide an incentive to infantrymen.  The Combat
Infantryman Badge was awarded for exemplary conduct in action against the
enemy.  War Department Circular 186-1944 further provided that the Combat
Infantryman Badge was to be awarded only to infantrymen serving with
infantry units of brigade, regimental or smaller size.

6.  Army Regulation 600-8-22 (Military Awards) 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.  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.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  Therefore, the Bronze Star Medal is to be
awarded to individuals who were authorized either badge for service during
World War II.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the World War II Victory Medal.  It is awarded for service
between  
7 December 1941 and 31 December 1946, both dates inclusive.

8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the European-African-Middle Eastern Campaign Medal is awarded
for service within the European African-Middle Eastern Theater between
7 December  
1941 and 8 November 1945.  This medal is awarded to any service member who
was permanently assigned in the theater, who was in a passenger status or
on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who
was in active combat against the enemy and was awarded a combat decoration,
or who was furnished a certificate by the commanding general of a corps or
higher unit or independent force showing that he actually participated in
combat.




9.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
WWII Honorable Service Lapel Button for honorable Federal Service between  
8 September 1939 and 31 December 1946.

10.  Army Regulation 600-8-22, In pertinent part, authorizes award of the
Gold Star Lapel Button for honorable Federal Service between 8 September
1939 to 25 July 1947.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his father should have received the Combat
Infantryman Badge and the Bronze Star Medal (Posthumously).

2.  The preponderance of evidence clearly shows that the FSM was engaged
with the enemy as an Infantryman and was killed in action.  As such, it
would be appropriate to correct the FSM's records to show the award of the
Purple Heart and award of the Combat Infantryman Badge.

3.  Based on the award of the Combat Infantryman Badge, the FSM is entitled
to the Bronze Star Medal.

4.  The FSM's records should also be corrected to show the award of the
European-African-Middle Eastern Campaign Medal, World War II Victory Medal,
WWII Honorable Service Lapel Button, and Gold Star Lapel Button.

BOARD VOTE:

___jea___  ___ded__  ___jrh___  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 waive failure to timely file.  As a
result, the



Board recommends that all Department of the Army records of the individual
concerned be corrected to  provide an appropriate document to show award of
the Purple Heart, Combat Infantryman Badge, Bronze Star Medal, European-
African-Middle Eastern Campaign Medal, World War II Victory Medal, WWII
Honorable Service Lapel Button, and Gold Star Lapel Button.




                            ___James E. Anderholm_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014790                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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