RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060009189 


	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.




	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, award of the Combat Infantryman Badge.  He also requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) be corrected by showing that:

a.  his last name is spelled, “Goode;”

b.  he was five feet, eight inches tall;

c.  his place of birth was Maybeury, West Virginia;

d.  he was a Rifleman with Company I, 135th Infantry Regiment from late November 1945 to early December 1945; 

e.  he was transferred to the Medical Detachment, 135th Infantry Regiment in early December 1945, and within a week, was assigned to the 1st Platoon, Company L, 135th Infantry Regiment; and

f.  as a Platoon Medic, he was promised both a promotion and was put in for the Bronze Star Medal.  

2.  The applicant essentially states that this information is not properly reflected in his military records.  

3.  The applicant provides his WD AGO Form 53-55, a self-authored letter, dated 26 March 2006; an authorization for the release of information concerning his case to his Member of Congress from the Third District of South Carolina; copies of his driver’s license; birth certificate; and miscellaneous items from his service in World War II, which includes a copy of a letter addressed to his wife with a return address of Company L, 135th Infantry Regiment in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
31 December 1945, the date of his release from active duty.  Although the  application submitted in this case is dated 26 March 2006, it was not received until 21 June 2006.  

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant’s records were lost or destroyed in that fire.  However, there are sufficient remaining documents to conduct a fair and impartial review of this case. 

4.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 19 March 1943, and entered active duty on 
26 March 1943.  It also shows that he departed the continental United States for the Mediterranean Theater of Operations on 11 October 1944, and arrived on 
6 November 1944.  He participated in the North Apennines and Po Valley campaigns, and was awarded the Combat Medical Badge by Headquarters, 135th Infantry Regiment General Orders Number 21, dated 21 April 1945.  He departed the Mediterranean Theater of Operations on 15 December 1945, and returned to the continental United States on 25 December 1945.  On 
31 December 1945, he was honorably released from active duty.  In addition to his Combat Medical Badge, Item 33 (Decorations and Citations) of this document essentially shows that he was awarded the Good Conduct Medal, the World War II Victory Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal.  This document also showed that he served in military occupational specialty (MOS) 657 (Litter Bearer).  

5.  The applicant requested award of the Combat Infantryman Badge.  However, Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 only shows that he was awarded the Combat Medical Badge.  There are no orders in the available records, and the applicant did not provide orders which awarded him the Combat Infantryman Badge.  There is no evidence in the available records which shows that he possessed or served in an infantry MOS, or that he was awarded the Combat Infantryman Badge.  Additionally, the applicant’s War Department Form 372 (Final Payment – Work Sheet) did not show, in pertinent part, that he was receiving combat infantry pay.  However, it did show that he was receiving medical badge pay.  

6.  The applicant provided a copy of his driver’s license which shows that his last name is spelled, Goode;” however, his WD AGO Form 53-55 already shows the same spelling of his last name.

7.  The applicant provided a copy of his driver’s license which shows that his height at the time of the issuance of his driver’s license was five feet, eight inches.  However, the applicant’s WD AGO Form 53-55 shows that he was five feet, six inches tall at the time of his release from active duty on 31 December 1945.  The applicant authenticated his WD AGO Form 53-55 with his signature in Item 56 (Signature of Person Being Separated), attesting to the accuracy contained on the form.

8.  Item 11 (Place of Birth) of the applicant’s DD Form 214 essentially shows that he was born in Maybeury, Virginia; however, there is no city of Maybeury in the State of Virginia.  The applicant provided his birth certificate which confirms that he was born in West Virginia.  It is also known that the only city in the United States named Maybeury is in the State of West Virginia.

9.  The applicant stated that he was a Rifleman with Company I, 135th Infantry Regiment from late November 1945 to early December 1945; however, there is no evidence in his military records, and the applicant provided no evidence which conclusively shows that he was assigned to this unit.

10.  The applicant essentially stated that he was transferred to the Medical Detachment, 135th Infantry Regiment in early December 1945, and within a week, was assigned to the 1st Platoon, Company L, 135th Infantry Regiment.  However, his WD AGO Form 53-55, which was authenticated by the applicant, shows that he was assigned to the Medical Detachment, 135th Infantry Regiment at the time of his release from active duty.  The applicant included a copy of a letter to his wife which had a return address of Company L, 135th Infantry Regiment; however, there are no orders in his military records, and the applicant did not provide any evidence such as orders or other official military correspondence which conclusively shows that he was assigned to this unit.

11.  The applicant essentially stated that as a Platoon Medic, he was promised both a promotion and was put in for a Bronze Star Medal.  However, there is no evidence in the applicant’s military records, and he provided no evidence to support his claim.

12.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his WD AGO Form 53-55.
13.  The applicant was awarded the Combat Medical Badge during World War II; however, his WD AGO Form 53-55 does not show that he was awarded the Bronze Star Medal based on the award of the Combat Medical Badge during World War II.  It was noted that the applicant was awarded the Bronze Star Medal based on the award of the Combat Medical Badge, accompanied by a certificate, by the United States Army Reserve Personnel Center, St. Louis, Missouri on 20 May 1994.  

14.  Item 33 of the applicant’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal; however, it does not show that he was awarded any bronze service stars to signify campaign participation credit.  The applicant’s records show that he participated in the North Apennines campaign and the Po Valley campaign.

15.  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.

16.  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.

17.  Paragraph 5-12 of this same regulation further states, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded to any members of the Armed Forces of the United States who, between 7 December 1941 and 8 November 1945, served in the European, African, and/or Middle Eastern areas of operations.  It also states that one bronze service star is authorized for wear for each campaign in which the soldier participated when the soldier is assigned or attached to, and present for duty, with a unit in combat in the areas of operation or was awarded a combat decoration.

18.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-2c states, in effect, that the ABCMR is not an investigative body, and that it will decide cases on the evidence of record.  Paragraph 2-9 of the same regulation states, in pertinent part, that the applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge, and also contends that his WD AGO Form 53-55 should be corrected by showing that:

a.  his last name is spelled, “Goode;”

b.  he was five feet, eight inches tall;

c.  his place of birth was Maybeury, West Virginia;

d.  he was a Rifleman with Company I, 135th Infantry Regiment from late November 1945 to early December 1945; and

e.  he was transferred to the Medical Detachment, 135th Infantry Regiment in early December 1945, and within a week, was assigned to the 1st Platoon, Company L, 135th Infantry Regiment; and

f.  as a Platoon Medic, he was promised both a promotion and was put in for a decoration.  

2.  The Board does not doubt the veracity of the applicant’s claim to entitlement to award of the Combat Infantryman Badge.  The copy of the letter to his wife which had a return address of Company L, 135th Infantry Regiment was noted; however, there is not sufficient evidence in the applicant’s records, and the applicant failed to provide sufficient evidence to support that he was assigned to this unit during World War II.  Additionally, the applicant was not paid combat infantry pay, which would have signified that he was a recipient of the Combat Infantryman Badge.  The evidence in the applicant’s records shows that he was a Litter Bearer assigned to the Medical Detachment of the 135th Infantry Regiment, and that he was awarded the Combat Medical Badge, and that he was receiving medical badge pay.  As there is no evidence which conclusively shows he was assigned to an infantry MOS, and that he was assigned to an infantry unit of brigade, regimental or smaller size while it was engaged in combat with the enemy, there is no basis for awarding the Combat Infantryman Badge to the applicant in this case.

3.  Although the applicant stated that his last name is incorrectly spelled on his WD AGO Form 53-55, it is spelled exactly as it is shown on his birth certificate.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.

4.  Although the applicant’s driver’s license shows that his height at the time of the issuance of his driver’s license was five feet, eight inches, the applicant authenticated his WD AGO Form 53-55 with his signature in Item 56 (Signature of Person Being Separated), attesting to the accuracy contained on the form, which showed that he was five feet, six inches tall at the time of his release from active duty on 31 December 1945.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.

5.  The applicant’s WD AGO Form incorrectly shows that his place of birth was Maybeury, Virginia; however, there is no city of Maybeury in the State of Virginia. The applicant provided a birth certificate showing that Maybeury is in the State of West Virginia, and in fact the only city of Maybeury in the United States is in West Virginia.  Therefore, he is entitled to correction of his military records to show that his place of birth was Maybeury, West Virginia.

6.  Although the applicant stated that he was a Rifleman with Company I, 135th Infantry Regiment from late November 1945 to early December 1945, there is no evidence in his military records, and the applicant provided no evidence which conclusively shows that he was assigned to this unit.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.

7.  Although the applicant essentially stated that he was transferred to the Medical Detachment, 135th Infantry Regiment in early December 1945, and within a week, was assigned to the 1st Platoon, Company L, 135th Infantry Regiment, his WD AGO Form 53-55, which was authenticated by the applicant, shows that he was assigned to the Medical Detachment, 135th Infantry Regiment at the time of his release from active duty.  The fact that the applicant included a copy of a letter to his wife which had a return address of Company L, 135th Infantry Regiment was noted; however, there are no orders in his military records, and the applicant did not provide any evidence such as orders or other official military correspondence which conclusively shows that he was assigned to this unit.  Therefore, there is an insufficient basis for granting relief for this portion of the applicant’s request.

8.  Although the applicant stated that as a Platoon Medic, he was promised both a promotion and was put in for the Bronze Star Medal, there is no evidence in the applicant’s military records, and he provided no evidence to support his claim.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.

9.  The applicant was awarded the Combat Medical Badge during World War II; however, his WD AGO Form 53-55 does not show that he was awarded the Bronze Star Medal based on the award of the Combat Medical Badge during World War II.  It is noted that on 20 May 1994, the United States Army Reserve Personnel Center, St. Louis, Missouri awarded the applicant the Bronze Star Medal based on award of the Combat Medical Badge as a result, he is entitled to correction of his WD AGO Form 53-55 to show this award.

10.  The applicant participated in two campaigns in the Mediterranean Theater of Operations during World War II, therefore, he is entitled to two bronze service stars to be affixed to his already awarded European-African-Middle Eastern Campaign Medal.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 December 1945, the date of his separation from active duty.  However, the ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MM___  ___JM___  __QS___  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:

a.  that his place of birth was Maybeury, West Virginia;

b.  the award of the Bronze Star Medal based on award of the Combat Medical Badge during World War II; and

c.  two bronze service stars to be affixed to his 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:

a.  awarding him the Combat Infantryman Badge;

b.  changing his last name and height;

c.  showing he was a Rifleman with Company I, 135th Infantry Regiment from late November 1945 to early December 1945, and that he was assigned to 1st Platoon, Company L, 135th Infantry Regiment; and

d.  showing that he was promoted, and awarded the Bronze Star Medal based on being a Platoon Medic.





_____  Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20060009189
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
100.0100.0000
3.
100.0000.0000 (HEIGHT)
4.
100.0000.0000 (PLACE OF BIRTH)
5.
107.0014.0000 (BASED ON CMB IN WWII)
6.
107.0065.0000
7.
110.0400.0000
8.
131.0900.0000