RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070005349


      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             |
|     |Mls. Deyon D. Battle              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |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 two separate applications, posthumous award
of the Purple Heart, the Prisoner of War Medal, the Bronze Star Medal and
the Combat Infantryman Badge to her deceased father, a former service
member (FSM).

2.  The applicant states, in effect that the FSM is entitled to these
decorations and his records should be corrected accordingly.

3.  The applicant provides in support of her application, background
information regarding the awards that she is requesting; a printout of
information that she obtained from the United States National Archives and
Records Administration (NARA) Archival Databases; a copy of War Department
Circular Number 269 regarding the establishment and award of the Combat
Infantryman Badge; portions of information contained in Army Regulation 600-
8-22 pertaining to award of the Combat Infantryman Badge; a copy of a
Morning Report dated 19 December 1944; a copy of the FSM's Enlisted Record
and Report of Separation (WD AGO Form 53-55);a copy of the FSM's
Certification of Military Service; a copy of the FSM's Honorable Discharge
Certificate; a copy of the FSM's Certificate of Death; her Certificate of
Live Birth; a copy of her State Board Nursing License; and the FSM's
original Certificate of Death.

CONSIDERATION OF EVIDENCE:

1.  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 that were obtained from alternate sources to conduct a
fair and impartial review of this case.

2.  The FSM was inducted into the Army on 18 February 1942 and he was
awarded the military occupational specialty of a cook.

3.  A Morning Report dated 19 December 1944 indicates that the FSM was
assigned to Headquarters Company, 707th Tank Battalion; that the company
set up defensive positions; that the enemy attacked at 1500 hours with
small arms artillery and mortar fire; that the enemy was repulsed; that
approximately 200 men attempted to move to Boulaide, Luxembourg; that the
lead vehicle was knocked out; and the company was ordered to proceed west
by foot.

4.  Information obtained from the Hospital Admission Cards created by the
Office of The Surgeon General indicates that the FSM was hospitalized in
June 1945 and that he was diagnosed with dermatitis.

5.  The FSM was honorably discharged from the Army 1 September 1945 with a
Certificate of Disability as a result of his condition.  The WD AGO Form 53-
55 that the FSM was furnished at the time of his discharge shows that he
was awarded the Army Good Conduct Medal and the European Theater Ribbon.
His WD AGO Form 53-55 also shows that he qualified for the Sharpshooter
Marksmanship Qualification Badge with Carbine Bar and that he was issued
the Lapel Button.

6.  The information obtained from NARA Archival Database indicates that the
FSM was a prisoner of war from 19 December 1944.  He was repatriated and
returned to military control on 28 April 1945.

7.  On 13 November 2006, the National Personnel Records Center notified the
applicant that the FSM was entitled to the Prisoner of War Medal; the
American Campaign Medal; the European-African-Middle Eastern Campaign Medal
w/three Bronze Service Stars, the World War II Victory Medal; the Honorable
Service Lapel Button (World War II); and the Sharpshooter Marksmanship
Qualification Badge w/Carbine Bar.  She was informed of that the
decorations would be shipped directly to her from the United States Army
Tank-Automotive and Armaments Command.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Prisoner of War Medal.  The regulation states that the
Prisoner of War Medal was authorized on 8 November 1985 and is awarded to
individuals who in past armed conflicts were taken prisoner or held
captive.

9.  During World War II and the Korean War the Purple Heart was not awarded
to Soldiers who had been injured while in captivity or while being taken
captive.  These injuries were considered to be the result of war crimes and
not the result of a legal action of war.  War Department policy, at that
time, required that wounds must have been received in action against the
enemy or, in other words, incurred in actual combat.  Executive Order
11016, dated 25 April 1962, provided more latitude with respect to award of
the Purple Heart to prisoners of war, as well as the authority to award the
decoration to wounded Soldiers even in the absence of a formal declaration
of war.  The issue as to whether this change in policy would be implemented
retroactively to prisoners of war from World War I, World War II, and the
Korean War was considered several times.  Initially it was decided that the
change in policy would not be retroactively implemented.  It was
concluded that it would be inappropriate for the Department of Defense to
retroactively change the standards and, in effect, countermand the
decisions of the past leadership.  However, as part of the National Defense
Authorization Act (NDAA) of 1996, Congress authorized award of the Purple
Heart to any former prisoner of war who was wounded before 25 April 1962
while held as a prisoner of war, or while being taken captive, in the same
manner as a former prisoner of war who was wounded on or after that date.

10.  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.

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, (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)

12.  All Soldiers are provided basic combat skills training after they
enter the Army.  This is provided to ensure that all Soldiers have the
survival skills to perform basic infantry missions when the need arises.
No other Soldier in combat is more exposed on a daily basis to the dangers
and hardships of war and no other branch of the service suffers more
casualties than the infantry.  To maintain the prestige, uniqueness, and
traditional value of the Combat Infantryman Badge, the criteria for award
has changed little over the years.  The exigencies of combat may require
non-infantry Soldiers to temporarily perform the basic infantry duties that
all Soldiers are taught but it is not a basis for the award of the Combat
Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available information, the FSM is entitled to posthumous
award of the Prisoner of War Medal as he was held in captivity from 19
December 1944 until 28 April 1945.  His WD AGO Form 53-55 should be amended
to reflect this decoration.

2.  However, the FSM is not entitled to award of the Purple Heart, the
Combat Infantryman Badge or the Bronze Star Medal.  There is no evidence in
the available record nor has the applicant submitted any evidence to shows
that the FSM meets the criteria for award of any of these three
decorations.  The available records fail to show that FSM was wounded as a
result of hostile action by enemy forces while he was in the Army.
Additionally, the FSM was awarded the military occupational specialty of a
cook, which makes him ineligible for award of the Combat Infantryman Badge.
 There is no evidence in FSM's record that indicates that he is entitled to
award the Bronze Star Medal.  Therefore, there is no basis for granting
this portion of the applicant's request.

3.  However, the available records does show that the FSM is entitled and
that the applicant has already been furnished the Prisoner of War Medal,
the American Campaign Medal, the European-African-Middle Eastern Campaign
Medal w/three Bronze Service Stars, the World War II Victory Medal, the
Honorable Service Lapel Button (World War II), and the Sharpshooter
Marksmanship Qualification Badge w/Carbine Bar.

4.  Therefore, it would be appropriate to amend the (WD AGO Form 53-55) to
reflect all of the decorations to which the FSM is entitled.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__QAS___  __DAC_   __JCR __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  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 include the
Prisoner of War Medal, the American Campaign Medal, the European-African-
Middle Eastern Campaign Medal w/three Bronze Service Stars and the World
War II Victory Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
awarding the FSM the Purple Heart, the Combat Infantryman Badge and the
Bronze Star Medal.




                                  __Jeffrey C. Redmann__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005349                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070920                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  75                  |107.0029/POW MEDAL                      |
|3.  60                  |107.0014/BRONZE STAR MEDAL              |
|4.  61                  |107.0015/PURPLE HEART                   |
|5.  157                 |107.0111/COMBAT INFANTRYMAN BADGE       |
|6.                      |                                        |


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