RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2007
DOCKET NUMBER: AR20070011143
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. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Jeffrey Redmann
Chairperson
Mr. John Heck
Member
Mr. Qawiy A. Sabree
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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Presidential Unit Citation.
2. The applicant states, in effect, that orders were not published prior to his discharge.
3. The applicant provides a copy of his WD AGO Form 53-55 and orders awarding his unit the Presidential Unit Citation in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he was inducted and entered active duty on 13 April 1944. He served in the European Theater of Operations (ETO) from 23 November 1944 to 21 August 1945. While in service, he served in military occupational specialty 745, as a Rifleman. He was honorably separated on 8 February 1946.
3. The applicants WD AGO Form 53-55 shows that he was credited with participation in three campaigns of World War II. He was awarded the Purple Heart; the Good Conduct Medal; the American Campaign Medal; the European-African-Middle Eastern Campaign Medal, with three bronze service stars; the World War II Victory Medal; the Sharpshooter Marksmanship Qualification Badge, with Carbine Bar; the Expert Infantryman Badge; and the Combat Infantryman Badge. His WD AGO Form 53-55 does not show any additional awards.
4. Item 4 (Arm or Service), of the applicant's WD AGO Form 53-55, shows that he was an Infantry Soldier and item 6 (Organization) shows Company I, 417th Infantry Regiment, 76th Infantry Division, as his last unit of assignment.
5. The applicant provided a copy of War Department General Orders 19, dated 10 February 1947, which awarded the 417th Infantry Regiment the Presidential Unit Citation.
6. 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. 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.
7. Department of the Army Pamphlet 672-1 shows, among other information, occupation credit awarded to units during World War II. This document shows the unit to which the applicant was assigned, Company I, 417th Infantry Regiment, 76th Infantry Division, was awarded occupational credit for the occupation of Germany for the period from 2 May 1945 to 4 September 1945.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant shows that his unit was awarded the Presidential Unit Citation by War Department General Orders Number 19, dated 1947. Therefore, he is entitled to award of the Presidential Unit Citation and to have this award added to his WD AGO Form 53-55.
2. The evidence shows the applicant was awarded the Combat Infantryman Badge during World War II. Based upon the special provisions of the awards regulation which considers award of the Combat Infantryman Badge a citation in orders, the applicant is entitled to award of the Bronze Star Medal and to have this award added to his WD AGO Form 53-55.
3. The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp. He is therefore entitled to correction of his records to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__QS ___ __JR____ __JH ___ 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 awarding the applicant the Presidential Unit Citation; the Bronze Star Medal, based on award of the Combat Infantryman Badge; and the Army of Occupation Medal, with Germany Clasp, and adding these awards to his WD AGO Form 53-55.
____Jeffrey C. Redmann_________
CHAIRPERSON
INDEX
CASE ID
AR20070011143
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071213
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460208
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
ARMY | BCMR | CY2001 | 2001064268C070421
The applicant requests that his Report of Separation, WD AGO 53-55, be corrected to change his military occupational specialty (MOS) from Light Truck Driver to Infantryman, that he be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM), and that the Ardennes campaign be added. The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must...
ARMY | BCMR | CY2001 | 2001060448C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely...
ARMY | BCMR | CY2002 | 2002081957C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | DRB | CY2005 | 20050006584
Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he was in combat in the Philippines in 1945 but, his discharge says nothing about the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Victory Ribbon and the APT Ribbon, with one bronze service star, from the...
ARMY | BCMR | CY2007 | 20070000932
The applicant requests, in effect, that item 31 (Military Qualification and Date), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), be corrected to show that he was awarded the Combat Infantryman Badge. Therefore, he is entitled to correction of his records to show this unit award. 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 Combat Infantryman Badge and adding it to...
ARMY | BCMR | CY2005 | 20050007086C070206
The applicant requested correction of his records to show award of the Bronze Star Medal. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show that he was awarded the Combat Infantryman Badge, the Bronze Star Medal (based on...
ARMY | BCMR | CY2012 | 20120019456
His WD AGO Form 53-55 shows: a. he was awarded the: * Combat Infantryman Badge * Good Conduct Medal * Purple Heart * European-African-Middle Eastern Campaign Medal * American Defense Service Medal b. he served in the European Theater of Operations (ETO) from 25 October 1944 to 4 October 1945; and c. he was assigned to Company M, 274th Infantry, when he was honorably discharged on 20 October 1945. On 16 November 2012, the NPRC informed him they had authorized shipment of the following awards...
ARMY | BCMR | CY2014 | 20140006459
He is providing letters from the National Personnel Records Center (NPRC) that confirms he qualified for the Bronze Star Medal, Combat Infantryman Badge, Asiatic-Pacific Campaign Medal, World War II Victory Medal, Honorable Service Lapel Button-WWII, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. His WD AGO Form 100 confirms he served in combat against an enemy force while a member of the rifle squad, 382nd Infantry Regiment. As a result, the Board recommends that...
ARMY | BCMR | CY2014 | 20140021230
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the: * Army of Occupation Medal with Germany Clasp * Combat Infantryman Badge * Presidential Unit Citation * European-African-Middle Eastern Campaign Medal with three bronze service stars 2. d. Item 34 (Wounds Received in Action) shows he was wounded in Europe on 5 April 1945. e. Item 36 (Service Outside Continental United States and...
ARMY | BCMR | CY2011 | 20110012859
The applicant requests his the records corrected to show award of the Combat Infantryman Badge for his service in World War II (WWII). His Bronze Star Medal award citation shows he was an infantryman, assigned to an infantry company, and actively engaged in combat against an enemy of the United States. The applicant is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.