RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080001860 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, as the son of the deceased former service member (FSM), requests correction of his late father's records to show award of the Combat Infantryman Badge and the Presidential Unit Citation PUC (known as the Distinguished Unit Citation until 3 November 1966). 

2.  The applicant states, in effect, that the FSM served in an infantry unit and many others in the unit received the Presidential Unit Citation.

3. The applicant provides a Certificate of Death from the State of Michigan, dated 14 March 2005; a Certificate of Live Birth from the Michigan Department of Health, dated 19 May 1969; a memorandum from the U.S. Army Human Resources Command, dated 30 May 2006; a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge); an Honorable Discharge Certificate, dated 30 December 1945; an award citation for the 36th Engineer Combat Regiment, dated 12 January 1989; a PUC citation for the 36th Engineer Battalion, undated; a photograph with the inscription "36th Combat Engineer Regiment Somewhere in France 1944"; a letter from his Congressional Representative, dated 28 April 2003; a memorandum from Headquarters VI Corps, dated 30 July 1944; and Headquarters, 540th Engineer Regiment General Orders Number 24, dated 15 October 1944. 

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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55.

3.  The FSM's WD AGO Form 53-55 shows he was inducted on 6 March 
1943 and entered active duty on 13 March 1943.  The FSM arrived in the Middle Eastern Theater of Operations on 12 February 1944 and in the European Theater of Operations on 3 March 1944.  He departed the European Theater of Operations on 13 December 1945.  The FSM was honorably discharged on 
30 December 1945.  Item 4 (Arm of Service) of his WD AGO Form 53-55 shows the entry "CE" (Combat Engineer).

4.  There are no orders in the FSM's service personnel records awarding him the Combat Infantryman Badge.

5.  The applicant provided a memorandum from the Commanding General of Headquarters, VI Corps, dated 30 July 1944.  The Commanding General stated that War Department Circular Number 186, dated 11 May 1944 established the Combat Infantryman Badge to be awarded to Soldiers assigned, with certain exceptions, to infantry regiments or lower infantry units for exemplary conduct in action against the enemy.  He felt that the Soldiers of the 36th Engineer Combat Regiment qualified for award of the Combat Infantryman Badge within the spirit of War Department Circular Number 186.  It was denied them, however, by the letter of the circular.

6.  The Commanding General stated that Soldiers from the 36th Engineer Combat Regiment served and performed duties as infantryman from the Italian Campaign to the present.  The Commanding General further recommended that the War Department Circular awarding the Combat Infantryman Badge be broadened or interpreted to permit the award to the 36th Engineer Combat Regiment.

7.  Headquarters, 540th Engineer Regiment General Orders Number 24, dated 15 October 1944, shows that officers apparently from that engineer unit were awarded the Combat Infantryman Badge.  

8.  The applicant provided a letter from a former member of the 36th Engineer Combat Regiment.  The author stated that all veterans of the 36th Engineer Combat Regiment were eligible for the Combat infantryman Badge.  The author continued that he sent 70 pages of documentation to his Congressman and had the badge in about a month with an award letter.  The author gave instructions on how to request the Combat Infantryman Badge through a Congressional Representative.

9. The applicant provided a citation of the PUC that shows the 36th Engineer Combat Regiment was awarded the PUC for meritorious and distinctive service from November 1942 to May 1945.  The citation is undated.
10. The applicant provided an award citation, dated 12 January 1989, that shows the 36th Engineer Combat Regiment was commended for meritorious and distinctive service from November 1942 to May 1945.  

11.  The applicant provided a letter from the Awards Branch, Human Resources Command (HRC) to the applicant's Congressional Representative, dated 30 May 2007, concerning the applicant's desire to obtain the Combat Infantryman Badge for his late father's service with the 36th Engineer Combat Regiment.  The Awards Branch determined that the FSM was not eligible for the Combat Infantryman Badge.

12.  On 16 April 2008, the Awards Branch, HRC verified to the Board analyst that after a review of general orders from the late 80s and early 90s they found no evidence of award of the PUC to the 36th Engineer Combat Regiment.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  The 36th Engineer Combat Regiment is not listed in Army Regulation 672-1 as being awarded the Distinguished Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM should be awarded the Combat Infantryman Badge for his service with the 36th Engineer Combat Regiment in the European Theater of Operations.  He provided a memorandum from the Commanding General of Headquarters, VI Corps who recommended the unit be awarded the Combat Infantryman Badge and a letter from a former Soldier of the 36th Engineer Combat Regiment indicating how to obtain the award.  He does not provide the source document that led this Soldier to believe Soldiers of the 36th Engineer Combat regiment had been awarded the Combat Infantryman Badge.  Further, the FSM's WD AGO Form 53-55 shows his arm of service as Combat Engineer.  

2.  The applicant provided an award citation and a citation indicating award of the PUC to the 36th Engineer Combat Regiment for meritorious and distinguished service.  However, Department of the Army Pamphlet 672-1 does not show the 36th Engineer Combat Regiment received the PUC and the Awards Branch, HRC could not locate general orders awarding the PUC to that unit.  Unfortunately, there is insufficient evidence to add the PUC to the FSM's WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  ___XXX _  __XXX __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of FSM's service in arms.




      ___XXX   __
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080001860


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