IN THE CASE OF:	  

	BOARD DATE:	  3 July 2008

	DOCKET NUMBER:  AR20080000962 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the records of his deceased father, a former service member (FSM), be corrected to show award of the Distinguished Service Cross.

2.  The applicant states that the FSM was posthumously awarded the Distinguished Service Cross for heroism in action during his service in World War II (WWII). 

3.  The applicant submitted the following additional documentary evidence in support of his application:

	a.  Letter, dated 25 October 2007, from the National Personnel Records Center (NPRC).

	b.  War Department, the Adjutant's General Office, Washington, D.C., Report of Death, dated 2 February 1943.

	c.  Certification of Military Service, dated 3 January 1943.

	d.  General Orders Number 14, dated 30 January 1943, awarding the FSM the Distinguished Service Cross.

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 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 applicant’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 reconstructed records show that he entered active duty on 15 October 1940 as an infantry officer, served with the 127th Infantry in the Asiatic-Pacific Theater, and was killed in action on 3 January 1943.

4.  The FSM was awarded the Distinguished Service Cross for heroism in action while engaged in military conflict with an armed hostile force on 27 December 1942, near Buna, New Guinea.  General Headquarters, Southwest Pacific Area, General Orders Number 14, dated 30 January 1943, cited the following reason:

[FSM], Major, 127th Infantry, U.S. Army, for extraordinary heroism in action near Buna, New Guinea, on December 27, 1943.  With complete disregard to his own safety, [FSM] proceeded, as a member of a patrol, under heavy enemy machine-gun and sniper fire through a swamp and located the command post of one of two isolated companies that had been cut off from the remainder of the battalion.  Through his courageous personal efforts, he was able to extricate both of these companies from the marsh and swamp and then reorganize one company which had become scattered.  His gallant example and his perseverance in spite of the difficulties involved, served as an inspiration to his men.  [FSM] was seriously wounded and died as a result of the wounds received in this action.




5.  Review of the FSM's reconstructed records indicates his entitlement to other awards which are not shown on his records.

6.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal.

10.  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.  

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the FSM the Distinguished Service Cross for heroism in action while engaged in military conflict with an armed hostile force near Buna, New Guinea, which is not shown on his records; therefore, the FSM is entitled to correction of his records to show this award.

2.  The evidence of record clearly shows that the FSM sustained mortal wounds as a result of hostile action during his heroic service in WWII.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award. 

3.  The evidence of record shows that the FSM 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.

4.  The evidence of record shows that the FSM served a qualifying period for award of the Asiatic-Pacific Campaign Medal.  Furthermore, he served at least in one campaign during WWII (New Guinea).  Therefore, he is entitled to award of the Asiatic-Pacific Campaign Medal with one bronze service star to be affixed to this medal. 

5.  The evidence of record shows that, during his service in WWII, the FSM was an infantry officer, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he actively participated in such ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge.  Furthermore, based on his entitlement to award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his record to show these awards.

6.  The Board recognizes the need for the applicant to have his deceased father's records corrected to show all his awards and decorations.  Therefore, as a matter of compassion, it would be appropriate to correct the FSM's records to show award of the Distinguished Service Cross, the Combat Infantryman Badge, and the Bronze Star Medal.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 providing the applicant with a Transcript of Military Record (DA Form 1569) or a similar document to show the FSM's award of the Distinguished Service Cross, the Purple Heart, the World War II Victory Medal, the Asiatic-Pacific Campaign Medal with one bronze service star, the Combat Infantryman Badge, and the Bronze Star Medal.




							XXX
       _    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000962



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ABCMR Record of Proceedings (cont)                                         AR20080000962



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