RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20070001251 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Kathleen Newman 

Chairperson

Ms. Susan Powers

Member

Mr. Edward Montgomery

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, as the son of a deceased former service member (FSM), requests that his late father be awarded the Combat Infantryman Badge. 

2.  The applicant states, in effect, that the Awards Branch at the Army Human Resources Command disapproved his earlier request for the Combat Infantryman Badge because the FSM was an American Army commando not infantry.  He states that his father was an infantryman in the infantry branch and that he was wounded in action.  He contends that his father was a Soldier with the 34th Infantry Division (Red Bull) from Iowa, that he was assigned to the 168th Infantry Regiment when the 34th Infantry Division arrived in Britain in 1942, and that after arriving in Britain men from the division were identified to receive orders to attend a new infantry training program called the Commando Training Course that was in Scotland.       

3.  The applicant also states that other American Soldiers from many different American infantry divisions in Britain were required to train as a group to form this new combat branch called “commandos.”  This organization was the predecessor of today what is known as the Special Forces (Green Berets).  Even though these American Soldiers were trained by the British, they would fight as an American unit and be commanded by American Army officers.  He states that his father did land with his American commando unit on 8 November 1942 that was a part of Operation Torch (which was the landing of U.S. Forces in North Africa) and that his father’s company size unit was engaged by the Germans on 22 November 1942.  

4.  The applicant provides a letter, dated 13 April 2006, from the Military Awards Branch, U.S. Army Human Resources Command; orders and an award certificate for the Purple Heart; the FSM’s WD AGO Form 55 (Enlistment Record); a National Guard Enlistment Record; the FSM’s death certificate; the applicant’s mother’s death certificate; and a letter, dated 22 January 2007, from a member of the Vietnam Veterans of America. 

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 FSM enlisted in the Iowa National Guard on 2 February 1941.  His WD AGO Form 55 shows his Army specialty is rifleman.  He departed the United States on 30 April 1942 and arrived in the European Theater of Operations 
14 May 1942.  He departed the European Theater of Operations on 2 February 1944 and arrived in the United States on 13 February 1944.  On 18 April 1944, the FSM was honorably discharged by reason of physical disability.  

3.  The FSM's WD AGO Form 55 shows he participated in one battle and campaign.  His WD AGO Form 55 shows the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the American Defense Service Medal as authorized awards.    

4.  There are no orders for the Combat Infantryman Badge in the available records.  The FSM’s final War Department Pay Statement does not show that he received any additional pay (i.e. combat infantry pay).   
 
5.  The applicant provided orders for the Purple Heart for wounds received in action on 22 November 1942.  These orders show the FSM was assigned to the 6th Commando, 7th Troop in the European Theater of Operations. 

6.  On 13 April 2005, the Military Awards Branch, U.S. Army Human Resources Command denied the applicant’s request for award of the Combat Infantryman Badge.  This office cited the criteria for award of the Combat Infantryman Badge and pointed out that possessing the appropriate military occupational specialty alone is an insufficient reason to award the badge.
 
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.  

8.  Paragraph 8-6b(1) of Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that retroactive awards of the Combat Infantryman Badge to Special Forces personnel are not authorized prior to 20 December 1989.

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, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were noted.  However, there is no evidence of record which shows the FSM performed exemplary conduct in action against the enemy, that he was an infantryman serving with an infantry unit of brigade, regimental or smaller size, or that he received combat infantry pay during World War II.  His contention that the FSM’s status as a commando is equal to today’s Special Forces; however, retroactive awards of the Combat Infantryman Badge to Special Forces are not authorized prior to 20 December 1989.  There are no orders for the Combat Infantryman Badge.  Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.  
2.  Orders show the FSM received the Purple Heart.

3.  The FSM served a period of qualifying service for award of the World War II Victory Medal. 

4.  The FSM participated in one campaign during his assignment in the European Theater of Operations which entitles him to award of the European-African-Middle Eastern Campaign Medal with one bronze service star.

5.  Evidence shows that the FSM’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the FSM's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the section below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

KN____  __SP____  __EM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add the Purple Heart, the World War II Victory Medal, and one bronze service star on his already-awarded European-African-Middle Eastern Campaign Medal on his WD AGO Form 55.




___Kathleen Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20070001251
SUFFIX

RECON

DATE BOARDED
20070710
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0000
3.

4.

5.

6.