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ARMY | BCMR | CY2005 | AR20050016551C070206
Original file (AR20050016551C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 JUNE 2006
      DOCKET NUMBER:   AR20050016551


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. Chester Damian                |     |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 he be awarded the Combat Infantryman Badge
(CIB) and the Bronze Star Medal (BSM).

2.  The applicant states that his award of the Silver Star should serve as
sufficient evidence to show that he was entitled to be awarded the CIB and
BSM.

3.  The applicant provides a copy of his report of separation (WD AGO Form
  53-55), his Silver Star Certificate and his Purple Heart orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 October 1945.  The application submitted in this case is
dated 9 November 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 applicant’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.

4.  The applicant was inducted on 4 February 1943 and entered active duty
in Pittsburgh, Pennsylvania, on 12 February 1943.  He completed his
training and departed for the European Theater of Operations (ETO) on 6
April 1944.  He was assigned to Company G, 175th Infantry Regiment, 29th
Infantry Division for duty as an automatic rifleman.

5.  On 17 July 1944, the applicant was wounded in action in Normandy,
France.  He was awarded the Purple Heart and the Silver Star for that
action.

6.  He departed the ETO on 5 September 1944 for the Continental United
States and on 4 October 1945, he was honorably discharged at the Hospital;
Center, Camp Pickett, Virginia, with a Certificate of Disability for
Discharge.  He had served 2 years, 8 months and 1 day of service and was
awarded the European-African-Middle Eastern (EAME) Theater Medal, the
Purple Heart and the Silver Star.

7.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  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.  Additionally, World War II holders of
the Combat Infantryman Badge received a monthly pay supplement known as
combat infantry pay and holders of the Expert Infantryman Badge were
entitled to expert infantry pay.  Therefore, Soldiers had economic as well
as intangible reasons to ensure that their records were correct. Thus, pay
records are frequently the best available source to verify entitlement to
this award.  The Military Awards Branch of the U.S. Army Human Resources
Command, (USAHRC) has advised in similar cases that, during World War II,
the Combat Infantryman Badge was normally awarded only to enlisted
individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
     f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

8.  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

9.  Army Regulation 600-8-22 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.

10.  Army Regulation 600-8-22 provides for award of the French Fourragere
as an approved foreign unit award.  The French Fourragere may be awarded by
the French Government when a unit has been cited twice for award of the
French Croix de Guerre.  When a unit is cited twice for the Croix de
Guerre, then the colors of the fourragere are red and green.  When a unit
is cited four times, the colors of the fourragere are yellow and green.
Award of the fourragere is not automatic and requires a decree by the
French Government, and persons who were only in one action are not
authorized to wear the fourragere.  When a unit was cited only one time for
award of the French Croix de Guerre there was no individual device, medal
or ribbon authorized for wear by members of the unit.

11.  Army Regulation 600-8-22 provides, in pertinent part, for the
“arrowhead” to be worn on the appropriate service medal to denote
participation in a combat parachute jump, helicopter assault landing,
combat glider landing, or amphibious assault landing while assigned or
attached as a member of an organized force carrying out an assigned
tactical mission.  The regulation specifies that individual assault credit
is tied directly to the combat assault credit decision for the unit to
which the Soldier is assigned.  The regulation requires that the unit must
be credited with a combat assault in order for the Soldiers to receive
credit for a combat assault and the Soldier must physically exit the
aircraft or the watercraft as appropriate.  The regulation also specifies
that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign
Medal, the European-African-Middle Eastern Campaign Medal, the Korean
Service Medal, the Vietnam Service Medal, and the Armed Forces
Expeditionary Medal.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register shows that the applicant’s unit was credit
for an assault landing during the period of 6 – 7 June 1944 and that the
unit was awarded the French Croix De Guerre.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as an infantryman in an infantry company on
18 July 1944, at the time he was wounded and was subsequently awarded the
Purple Heart and Silver Star.  Accordingly, he is entitled to be awarded
the CIB for that action.

2.  Likewise, he is also entitled to be awarded the BSM for meritorious
service during World War II (WWII) based on his award of the CIB.

3.  The evidence of record also shows that the applicant is also entitled
to be awarded the WWII Victory Medal, the French Croix De Guerre and the
Arrowhead Device for wear on his already awarded EAME Campaign Medal.

BOARD VOTE:

____LS _  ____RS  _  ____CD_  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 awarding him the CIB for his actions
on 18 July 1944, the BSM for meritorious service during WWII, the WWII
Victory Medal, the French Croix De Guerre and the Arrowhead Device for wear
on his already awarded EAME Campaign Medal and by correcting his records to
reflect those awards.





                            _____Linda Simmons______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050016551                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060629                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19451004                                |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |DEMOB                                   |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |60/BSM                                  |
|1.107.0014              |                                        |
|2.107.0066              |112/WWIIVM                              |
|3.107.0111              |157/CIB                                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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