RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070012288 


	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:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 the military records of her deceased spouse, a former service member (FSM), to show two awards of the Purple Heart.

2.  The applicant states that the FSM was wounded twice during World War II (WWII) and was honored with two awards of the Purple Heart.

3.  The applicant provides a copy of the FSM's WD AG Form 53-55 (Enlisted Record and Report of Separation-Honorable Service), dated 22 November 1945; a copy of the FSM's WD AGO Form 100 (Separation Qualification Record); a copy of a Postal Telegram, dated 6 September 1943; and a copy of a Western Union Telegram, dated 17 May 1945; and a copy of the FSM’s Certificate of Death, in support of her application.

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 military 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 FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he enlisted into the Army of the United States on 20 August 1942 in military occupational specialty (MOS) 745 (Infantryman).

4.  The FSM's WD AGO Form 53-55 shows he served in the Asiatic-Pacific Theater of Operations during WW II.  Item 6 (Organization) of this form shows he was assigned to Company A, 35th Infantry.

5.  The FSM's WD AGO Form 53-55 further shows that he departed the United States on 17 March 1943 and arrived in the Asiatic-Pacific Theater on 30 April 1943.  He departed the Asiatic-Pacific Theater on an unknown dated in 1945 and arrived in the United States on 24 October 1945.  He completed 6 months and 20 days of Continental service and 1 year, 7 months, and 8 days of foreign service.  He was honorably discharged on 22 November 1945.

6.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Theater Ribbon with two bronze service stars, the American Theater Ribbon, the Philippines Liberation Ribbon with one bronze service star, the Good Conduct Medal, the Purple Heart, the World War II Victory Medal, and the Purple Heart with Cluster.

7.  Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 contains the entry "Solomon Islands August 15, 1943."

8.  The applicant provided a copy of Postal Telegram, dated 6 September 1943, addressed to the FSM's mother, informing her that the FSM was slightly wounded in action on 15 August 1943 in the Southwest Pacific area.

9.  The applicant provided a copy of Western Union Telegram, dated 17 May 1945, addressed to the FSM's mother, informing her that the FSM was slightly wounded in action on 29 April 1945 on Luzon [the Phillipines].

10.  The applicant submitted a copy of the FSM's WD AGO Form 100, dated 22 November 1945.  Item 10 (Military Occupational Assignment) of this form shows that the applicant performed the duties of Rifleman (MOS 745) for 33 months.  Item 13 (Title, Description, Related Civilian Occupation) of this form shows that the FSM was a squad Leader in charge of 12 Riflemen in combat and that he loaded, aimed, fired, cleaned, and maintained his rifle.

11.  The FSM’s available records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55.

12.  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)

13.  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.

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her husband, the FSM, is entitled to correction of his records to show two awards of the Purple Heart.

2.  Evidence of available records show that the FSM was awarded the Purple Heart with Cluster [Oak Leaf Cluster], which denotes that two awards of the Purple Heart had been awarded and appropriately shown on his WD AGO Form 53-55.  Therefore, there is no further action required on this issue.

3.  Evidence of record shows that the FSM was an infantryman assigned to an infantry unit during World War II and that he was twice wounded in action.  Therefore, there is sufficient evidence that he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.  He is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award.

BOARD VOTE:

__jev___  __tmr___  __jcr___  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 awarding the FSM the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge; adding these awards to the FSM’s WD AGO 53-55; and providing the applicant a correction to the FSM’s separation document that includes these awards.



							James E. Vick
	______________________
          		CHAIRPERSON
INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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.