RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070010726 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk 

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, all awards to which he may be entitled.  

2.  The applicant states, in effect, he never received any medals except for the Purple Heart and would like all awards to which he may be entitled for his service in World War II.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) in support of this case.

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 are not available.  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.  However, there were sufficient documents that the applicant submitted for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted in the U.S. Army and entered active duty on 15 March 1944.  The applicant completed basic training and was awarded the military occupational specialty 745 (Rifleman).  This form shows he was assigned to Company C, 22nd Infantry Regiment of the 4th Infantry Division.  

4.  The applicant's WD AGO Form 53-55 also shows he completed 1 year, 1 month, and 19 days of continental service and 3 months and 24 days of Foreign Service.  The applicant was honorably separated due to a physical disability on 7 September 1945.  
5.  Item 31 (Military Qualification) of the applicant's WD AGO 53-55 shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) on 19 October 1944.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows that he participated in the Northern France, Germany, and Ardennes Campaigns.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 shows that he was awarded the Good Conduct Medal and authorized wear of the European-African-Middle Eastern Theatre Campaign Medal.  

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55 shows that the applicant was wounded in action on 9 February 1945, while serving in the European Theater of Operations.

9.  Department of the Army Office of the Surgeon General Hospital Admission Cards show the applicant was treated at a military medical facility on 10 February 1945.  This form shows the applicant was diagnosed with a fractured femur, upper extremity, wounding to the face by artillery shell fragments.  This form also shows the applicant was identified as a "battle casualty."

10.  Army Regulation 672-5-1 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have been treated by military medical personnel, and the medical treatment must have been made a matter of official records.

11.  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, 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)

12.  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.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations, foreign awards and occupation credit received by units which served during World War II.  The document shows the unit to which the applicant was assigned, Company C, 22nd Infantry Regiment of the 4th Infantry Division, was cited for award of occupation credit from 2 May through 18 September 1945 in Germany.

14.  The applicant's WD AGO Form 53-55 shows he was awarded the European Theatre Operation Campaign Medal (currently known as the European-African-Middle Eastern Campaign Medal).  This form also shows the applicant received campaign credit for Northern France, Ardennes, and Germany campaigns.

15.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The 


regulation states that authorized bronze service stars will be worn on the 
appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO 53-55 should be corrected to show all awards to which he may be entitled.  

2.  Hospital admission records show that the applicant was wounded and hospitalized for treatment of his injuries as a result of hostile action in the European Theater on 9 February 1945.  The applicant's WD AGO 53-55, shows that he was wounded in action in the European Theater on 9 Feb 45.  Based on these facts, there is sufficient evidence to award the applicant the Purple Heart.  Therefore, his records should be corrected to show this award.

3.  Evidence of record shows that the applicant served in an infantry MOS while assigned to Company C, 22nd Infantry Regiment of the 4th Infantry Division during his military service.  Records also show the applicant sustained wounds while involved in active ground combat against an armed enemy.  Therefore, the applicant is entitled to correction of his records to show award of the Combat Infantryman Badge.  Additionally, based on the award of the Combat Infantryman Badge, the applicant is also entitled to award of the Bronze Star Medal and correction of his records to show this award.

4.  Department of The Army Pamphlet 672-1 shows the applicant's military service is within the required time frame for the award of the Army of Occupation Medal with Germany Clasp.  Therefore, the applicant is entitled to the award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this unit award.  

5.  Evidence of record shows the applicant served a qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.  



6.  Evidence of record shows the applicant participated in three campaigns during his service in World War II.  Therefore, he is entitled to correction of his record to show three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

BOARD VOTE: 

__RTD__  _JRM ___  _JLP____  GRANT PARTIAL 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 showing award of the Purple Heart, Combat Infantryman Badge, Bronze Star Medal based on award of the Combat Infantryman Badge, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.




_Richard T. Dunbar__
          CHAIRPERSON



INDEX

CASE ID
AR20070010726
SUFFIX

RECON
YYYYMMDD
DATE BOARDED

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.