RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070009907 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie

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 father's records, a former service member (FSM), to show award of the Bronze Star Medal and the Combat Infantryman Badge for meritorious service.

2.  The applicant states, in effect, that neither the Bronze Star nor the Combat Infantryman Badge was issued to the FSM upon his release from the Army.

3.  The applicant provided a copy of the FSM's WD AG Form 53-55 (Enlisted Record and Report of Separation); the FSM's WD AGO Form 100 (Separation Qualification Record); and the FSM's Death Certificate.

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 FSM'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 FSM’s records were lost or destroyed in that fire.  However, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered into active service on 5 June 1944 at New Cumberland, Pennsylvania, in military occupational specialty (MOS) 745 (Infantryman).  This form also shows that he was assigned to Company E, 9th Infantry, 2nd Infantry Division.


4.  The FSM's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater of Operations during the period 8 December 1944 through 12 July 1945.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the Ardennes, Rhineland, and Central Europe campaigns of WWII.

5.  The FSM's WD AGO Form 53-55 also shows he completed 1 year, 3 months, and 24 days of continental service and 7 months and 20 days of foreign service.  He was honorably separated on 18 May 1946.

6.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows the applicant was awarded the Good Conduct Medal, the American Theater Ribbon, the World War II Victory Medal, and the European-African-Middle Eastern Campaign Medal with three bronze service stars.  

7.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge. 

8.  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 U.S. 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)

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his father is entitled to correction of his records to show awards of the Combat Infantryman Badge and the Bronze Star.




2.  Evidence of record shows that the FSM was awarded the Combat Infantryman Badge and that it is reflected on his records.  Therefore, there is no further action required.

3.  Evidence of record shows that the FSM was awarded the Combat Infantryman Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.

4.  Evidence of record shows that the FSM is entitled to the American Campaign Medal.  His WD-AGO Form 53-55 lists the American Campaign Medal as the "American Theater Ribbon."  This clerical error should be corrected at this time to show award of the American Campaign Medal.

5.  The FSM’s WD-AGO Form 53-55 lists the European-African-Middle Eastern Campaign Medal as the "EAME Theater Ribbon" and three bronze service stars. This clerical error should be corrected at this time to show award of the European-African-Middle Eastern Campaign Medal with three bronze service stars.

BOARD VOTE:

__lds___  __edp___  __jrh___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  showing award of the Bronze Star Medal;

b.  deleting the entry “E-A-ME Theater Ribbon” and adding the European-African-Middle Eastern Campaign Medal with three bronze service stars and,

c. deleting the entry “American Theater Ribbon” and adding the American Campaign Medal.



							Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009907
SUFFIX

RECON

DATE BOARDED
20071204
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.