RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 September 2007
	DOCKET NUMBER:  AR20070002735 


	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

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Frank C. Jones

Member

Ms. Carmen Duncan

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 correction of his military records to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states, in effect, that he received the Purple Heart and Combat Infantryman Badge, but never realized they were not recorded on his discharge document until he recently met with a representative of the Disabled American Veterans.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of
30 October 1945.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service 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.  Available records consist primarily of the applicant's WD AGO Form 53-55 and a WD Form 372-A (Final Payment -Work Sheet), dated 30 October 1945, which offer sufficient documents in the way of a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Armed Forces on 1 February 1943, entered active duty on 8 February 1943, and served in the Infantry Branch (Item 4 - Arm or Service) of the Army of the United States.  He was assigned to Headquarters Company, 1st Battalion, 41st Armored Infantry Regiment, 2nd Armored Division, and served in the European-African-Middle Eastern Theater of Operations from 21 June 1943 to 2 July 1945.  The applicant was honorably discharged with a certificate of disability on 30 October 1945 after completing 2 years, 8 months, and 23 days active service and 2 years and 9 months total service for pay.

4.  The applicant’s WD AGO Form 53-55 appears to have been torn in two and taped across the areas of Item 30 (Military Occupational Specialty and Number) and Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.))  Consequently, the entry in Item 30 is not legible.  However, Item 31 contains the entry, “MM Rifle 10 Mar 44; 2d Cl Gunner MG 30 Cal 1 Mar 44; Combat Infantryman Badge 17 Sep 44.”  That is, Marksman Marksmanship Qualification Badge with Rifle, 10 March 1944; Marksman Marksmanship Qualification Badge with (.30 caliber) Machine Gun, 1 March 1944; and Combat Infantryman Badge, 17 September 1944.

5.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in five campaigns:  Sicily, Normandy, Northern France, Rhineland, and Ardennes.  Item 33 (Decorations and Citations) shows that the applicant was awarded the Good Conduct Medal and European-African-Middle Eastern Campaign Medal with 5 bronze service stars.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "Eur Afr Mid E T 4 Jan 45” (i.e., European-African-Middle Eastern Theater,
4 January 1945.)

6.  The applicant’s WD AGO Form 372-A shows in the “Credits” section that he was authorized Combat Infantry Pay for the period 1 - 30 October 1945.

7.  There is no evidence in the applicant's military service records that shows he was awarded the Bronze Star Medal.

8.  Review of the applicant's records reveals that he may be entitled to additional awards which are not shown on his WD AGO Form 53-55.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists, in pertinent part, the unit awards received by units serving in World War II.  This document shows that at the time of the applicant's assignment to Headquarters Company, 1st Battalion, 41st Armored Infantry Regiment, 2nd Armored Division, the unit was awarded the Distinguished Unit Citation for the period 25 December 1944 to 16 January 1945 by War Department, General Orders Number 11 (1946).  This document also shows that the 1st Battalion, 41st Armored Infantry Regiment, 2nd Armored Division, was awarded the Distinguished Unit Citation for the period 27- 30 July 1944 by War Department, General Orders Number 28 (1948).
10.  Department of the Army Pamphlet 672-1 also shows that, at the time of the applicant's assignment to Headquarters Company, 1st Battalion, 41st Armored Infantry Regiment, 2nd Armored Division, the unit was cited for award of the Belgian Fourragere on 2 September 1944 and for the period 21 - 28 December 1944 by Headquarters, Department of the Army, General Orders Number 43 (1950).

11.  Department of the Army Pamphlet 672-1 also shows that, at the time of the applicant's assignment to Headquarters Company, 1st Battalion, 41st Armored Infantry Regiment, 2nd Armored Division, the unit received credit for the occupation of Germany during the period 2 May 1945 to 29 September 1945.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

13.  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 these badges.  The Military Awards Branch, U.S. Army Human Resources Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded to enlisted Soldiers 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).

14.  Army Regulation 600-8-22 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 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Army Regulation
600-8-22 also states, in pertinent part, that an oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Presidential Unit Citation.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

17.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  This regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic, but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

18.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.  This is also true of the Netherlands Military Order of William and the Belgian Citation in the Order of the Day.  As a result, the only European foreign unit awards which a former Army Soldier may wear are the French Fourragere, the Belgian Fourragere, and the Netherlands Orange Lanyard.

19.  Department of the Army Pamphlet 672-1 shows World War II units that are authorized occupation credit and entitlement to the Army of Occupation Medal.  Additionally, Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

20.  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.

21.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States (CONUS) for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For World War II service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service outside CONUS from 7 December 1941 to 2 September 1946.  For credit toward the Overseas Service Bar, service is computed between dates of departure from, and arrival at, a port in the United States or the boundary of CONUS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Purple Heart and Combat Infantryman Badge because he received these decorations while serving in World War II, but they are not recorded on his discharge document.

2.  The evidence of record shows that the applicant was wounded in action in the European-African-Middle Eastern Theater of Operations on 4 January 1945.  Therefore, he is entitled to correction his records to show award of the Purple Heart.

3.  The evidence of record shows that the applicant qualified for award of the Combat Infantryman Badge on 17 September 1944 based on his exemplary conduct in ground combat against the enemy during World War II. The evidence of record also shows that the applicant was credited with receiving a monthly pay supplement (i.e., Combat Infantry Pay) in October 1945, which serves to substantiate his award of the Combat Infantryman Badge.  The evidence of record further shows that award of the Combat Infantryman Badge is recorded in Item 31 of the applicant’s WD AGO Form 53-55.  Therefore, no additional administrative action is required to document the applicant’s award of the Combat Infantryman Badge.

4.  The evidence of record shows that an award of the Combat Infantryman Badge is considered to be a citation in orders.  Therefore, the applicant is also entitled to award of the Bronze Star Medal for meritorious achievement in ground combat during World War II.

5.  The evidence of record shows that the applicant's unit was twice cited for award of the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966).  Therefore, he is entitled to correction of his records to show two awards of the Presidential Unit Citation.

6.  General Orders cited the applicant's unit for award of the Belgian Fourragere, on 2 September 1944 and for the period 21 to 28 December 1944.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  The evidence of record shows that the applicant's unit received credit for the occupation of Germany during the period 2 May 1945 to 29 September 1945 and that the applicant served a qualifying period of service for the award.  Therefore, he is entitled to correction of his records to show award of the Army of Occupation Medal with Germany Clasp.

8.  The evidence of record shows that the applicant's service qualifies him for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show award of this service medal.

9.  The evidence of record shows that the applicant served 25 months in the European-African-Middle Eastern Theater during World War II.  Therefore, he is entitled to correction of his records to show award of 4 Overseas Service Bars.


BOARD VOTE:

___LDS _  ___FCJ__  ___CD__  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding the applicant the Purple Heart for wounds received in action in the European-African-Middle Eastern Theater of Operations on 4 January 1945;

	b.  awarding the applicant the Bronze Star Medal for meritorious achievement in ground combat from 18 August 1944 to 17 September 1944; and

	c.  adding to Item 33 of his WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, Presidential Unit Citation with 1 oak leaf cluster, Belgian Fourragere, and 4 Overseas Service Bars.

2.  The Board also determined that Item 31 of the applicant’s WD AGO Form
53-55 contains the entry, “Combat Infantryman Badge 17 Sep 44”, which documents award of the Combat Infantryman Badge to the applicant.




____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20070002735
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/09/06
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451030
DISCHARGE AUTHORITY
AR 615-361
DISCHARGE REASON
Certificate of Disability for Discharge
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0014.0000
2.
107.0015.0000
3.
107.0111.0000
4.

5.

6.