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ARMY | BCMR | CY2006 | 20060004198C070205
Original file (20060004198C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060004198


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 father’s records be corrected
to show “Eligibility for CIB [Combat Infantryman Badge] & Bronze Star” and
that he had contact with enemy forces in the Ardennes and in holding action
at Martelange, Belgium.

2.  The applicant states, in effect, that the former service member (FSM)
did not pursue the issue but that the family would like to have the
recognition recorded.

3.  The applicant provides copies of the FSM’s WD AGO 53-55 (Enlisted
Record and Report of Separation), his birth certificate, the FSM’s death
certificate, and a 6 page Headquarters, 1278th Engineer Combat Battalion 29
December 1944 Individual Encounters with the Enemy Report.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 October 1945, the date the FSM was discharged from active
duty.  The application submitted in this case is dated 16 March 2006.

2.  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.

3.  The applicant does not indicate if he is requesting that the FSM be
awarded the Bronze Star Medal based on award of the Combat Infantryman
Badge, or for an individual act accomplishment or heroism.  In accordance
with Section 1130, Title 10, United States Code, the issue of an
entitlement to the Bronze Star Medal for personal achievement or heroism
will not be addressed.  The applicant
has been notified by separate correspondence of the procedures for
addressing this issue of award of the Bronze Star Medal for personal
achievement or heroism.

4.  The available records consist of the documentation provided by the
applicant, including the FSM’s death certificate, which lists the applicant
as the FSM’s son.

5.  The action report, dated 29 December 1944, lists the actions of several
members of the 1278th Combat Engineer Battalion but does not include the
FSM’s name.  There is no available evidence to show what unit the FSM
actually served with in Europe.
6.  The FSM’s WD AGO 53-55 indicates that:

      a.  the FSM served from 28 January 1942 through 14 October 1945 and
was honorably discharged from active duty under the provisions of Army
Regulation 615-365 due to demobilization;


      b.  the FSM was awarded the military occupational specialty (MOS) 035
(Heavy Construction Carpenter);


      c.  the FSM’s organization, at the time of separation, was Cannon
Company, 424th Infantry Regiment;


      d.  the FSM served in the European Theater of Operations (ETO) from
28 May 1942 through 26 September 1945 with participation in the Normandy,
Northern France, Rhineland, Central Europe, and Ardennes campaigns; and


      e.  the FSM was awarded the Good Conduct Medal and the European-
African-Middle Eastern Campaign Medal.

7.  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.  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.

8.  The Military Awards Branch of the U.S. Army Human Resources Command,
(USAHRC) has advised in a similar case that, during World War II, the
Combat Infantryman Badge 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), and Gun crewman
(864).  It is noted that the exigencies of combat may require non-infantry
Soldiers to temporarily perform the basic infantry duties that all Soldiers
are taught but it is not a basis for the award of the Combat Infantryman
Badge.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 3-13 provides
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 also 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.

10.  Army Regulation 600-8-22, paragraph 5-11 provides 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.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form
53-55.  This regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal including the European-
African-Middle Eastern Campaign Medal.  A silver service star is authorized
in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  All Soldiers are provided basic combat skills training after they enter
the Army. This is provided to ensure that all Soldiers have the survival
skills to perform basic infantry missions when the need arises.  No other
Soldier in combat is more exposed on a daily basis to the dangers and
hardships of war and no other branch of the service suffers more casualties
than the infantry.  To maintain the prestige, uniqueness, and traditional
value of the Combat Infantryman Badge, it is awarded only to Soldiers who
were officially infantrymen serving with infantry units of brigade,
regimental or smaller size.

2.  The FSM is not shown to have been officially awarded an infantry MOS or
to have served as an infantryman serving with infantry units of brigade,
regimental or smaller size.  Therefore, entitlement to the Combat
Infantryman Badge is not warranted.

3.  Without the award of the Combat Infantryman Badge award of the Bronze
Star Medal as a WW II infantryman is not appropriate.

4.  The FSM’s WD AGO 53-55 indicates participation in five campaigns
including the Ardennes.  The campaign officially known as the
Ardennes/Alsace encompassed the broader country of France, Belgium,
Luxembourg, and Germany and included the engagement called the Battle of
the Bulge.  There was no separate Belgium campaign.

5.  The FSM is shown to have served during five campaigns and as such is
authorized a silver service star, in lieu of five bronze service stars, on
the already-awarded European-African-Middle Eastern Campaign Medal.

6.  Additionally, the FSM is authorized award of the WW II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__AM___  __DLL___  __WFC__  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing the FSM is authorized the WW II Victory
Medal and a silver service star to be affixed to the already-awarded
European-African-Middle Eastern Campaign Medal.

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
the Combat Infantryman Badge, associated Bronze Star Medal, and additional
campaign credit.




                                  __      William F. Crain_________
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060004198                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            | 20061130                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |




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