RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070007619 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Chester A. Damian

Member

Mr. Ronald D. Gant

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, in effect, that his records be corrected to show award of the Presidential Unit Citation (PUC) (formerly known as the Distinguished Unit Citation until 3 November 1966), the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) based on award of the CIB.  He also requests that his record be corrected to show he was assigned to the 9th Armored Division during WWII. 

2.  The applicant states, in effect, he did not receive the PUC for his assignment to the 9th Armored Division and he should have been awarded the CIB and Bronze Star Medal (BSM).  He would like to have his records corrected for his family and to show recognition for his combat service.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge), Honorable Discharge Certificate, a letter from his state representative, an article from a local newspaper, a Fact Sheet of the 9th Armored Division, and a letter from the President of the 2nd Tank Battalion Reunion Committee.

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 records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Board 
were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55.

3.  The applicant's reconstructed military records show that he was inducted in the Army of the United States on 2 October 1942 and entered active duty on  
16 October 1942. 

4.  His WD AGO Form 53-55 shows that he was a member of the Ordinance Branch and his military occupational specialty (MOS) was 660 (Tank Mechanic).  His last significant unit of assignment was the 116th Ordnance Medium Maintenance Company.

5.  He served in the European Theater of Operation (ETO) during the period  
26 August 1944 to 31 December 1945.  He was honorably discharged on  
14 January 1946 due to the convenience of the government "RR 1-1" demobilization.  He had served a total of 3 years, 2 months, and 29 days of active service.

6.  The applicant’s WD AGO Form 53-55 shows he was awarded the World War II Victory Medal, Good Conduct Medal, American Theater Ribbon, European-African-Middle Eastern Theater Ribbon with 3 bronze battle stars, and
2 Overseas Service Bars and the Honorable Service Lapel Button.  However, it does not show he was awarded the CIB, BSM or the PUC.

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 US 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 PUC 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.

9.  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 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.  The applicant's record indicates entitlement to additional awards and decorations not shown on his WD AGO Form 53-55.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  This regulation also states, for an 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded CIB and PUC because he was a member of the 9th Armored Division during WWII.  Also, he should be awarded the BSM base on the award of the CIB.

2.  However, there is no evidence that the applicant was assigned as an Infantryman serving with infantry units of brigade, regimental or smaller size.  The applicant served during WWII as a Tank Mechanic in an Ordnance unit.  Therefore, he is not entitled to correction of his records to show the CIB.  Since the CIB was a prerequisite for automatic award of the BSM during WWII, he is also not entitled to the BSM.

3.  Evidence shows that the applicant's last significant duty assignment was with the 116th Medium Maintenance Company.  There is no evidence that the applicant was assigned to the 9th Armored Division during WWII.  Therefore, he is not entitled to the award of the PUC.

4.  Evidence of Records show that the applicant is entitled to the award of Army of Occupation Medal with Germany Clasp.  Therefore, the applicant is entitled to correction to his records to show this award.

5.  The newspaper article, Fact Sheet, and the letter from the President of the 2nd Tank Battalion Reunion Committee were considered.  However, these documents alone are not sufficiently mitigating to grant relief.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’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 BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____cd__  ____rdg__  ___cad__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the Army of Occupation Medal with Germany Clasp. 




___________Carmen Duncan_______
          CHAIRPERSON




INDEX

CASE ID
AR20070007619
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071030
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.