IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080002394 


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, in effect, that Item 32 (Battles and Campaigns) of his WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, be corrected.

2.  The applicant states, in effect, that the Northern France campaign was erroneously included in Item 32 of his WD AGO Form 53-55; however, his unit did not participate in this campaign.  He requests that this campaign be removed from his record because it is of historical military interest that his records are correct.

3.  In support of his request, the applicant provided a copy of his WD AGO Form 53-55, a copy of his Honorable Discharge Certificate, and a copy of a letter he received from The Chief of Military History and The Center of Military History, Washington, D.C., dated 9 January 1990.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from his enlisted record and report of separation, from a reconstructed record, and from other official and unofficial sources.

3.  The evidence shows the applicant was inducted into the Army of the United States on 23 February 1944 and entered service at Fort McPherson, Georgia, on the same date.  He was honorably discharged at Northington General Hospital, Tuscaloosa, Alabama, with a Certificate of Disability for Discharge and for the convenience of the Government, under the provisions of Army Regulation (AR) 615-361, in the grade of Private First Class, on 18 October 1945.

4.  Item 6 (Organization), of the applicant's WD AGO Form 53-55, shows he was assigned to the Company G, 253rd Infantry.  Company G was a unit of the 2nd Battalion and the 253rd Infantry Regiment was a unit subordinate to the 63rd Infantry Division.

5.  Item 30 (Military Occupational Specialty and No.), of the applicant's WD AGO Form 53-55, shows the applicant held the military occupational specialty 745, Rifleman.

6.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55, shows the applicant was given credit for participating in the Northern France, Rhineland, and Central Europe campaigns of World War II.

7.  Item 33 (Decorations and Citations), of the applicant's WD AGO Form 53-55, shows he was awarded the European-African-Middle Eastern Service Medal [correctly known as the European-African-Middle Eastern Campaign Medal] and the Purple Heart.

8.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-55, shows he was wounded in action on 8 April 1945 in Germany.

9.  Item 36 (Service Outside Continental U.S. and Return) shows the applicant departed the United States on 25 November 1944 and arrived in the European 

Theater of Operations (ETO) on 8 December 1944.  He departed the ETO on 23 May 1945 and arrived in the United States on 1 June 1945.

10.  Item 37 (Total Length of Service), of the applicant's WD AGO Form 53-55, shows he served an aggregate of 1 year, 1 month, and 19 days service within the Continental United States and had a total of 6 months and 7 days foreign service.

11.  Item 55 (Remarks), of the applicant's WD AGO Form 53-55, shows he was issued the Lapel Button [correctly known as the Honorable Service/Discharge Emblem].

12.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the applicant's unit was awarded credit for participating in the Ardennes-Alsace (16 December 1944 – 25 January 1945), the Central Europe (22 March 1945 – 11 May 1945), and the Rhineland (15 September 1944 – 21 March 1945) campaigns of World War II.

13.  On 16 May 1989, the applicant wrote to the National Personnel Records Center and requested verification of the battles he participated in and received credit for and those awards and decorations that he was entitled to as a result of his service during World War II.

14.  On 3 October 1989, the Army Reserve Personnel Center, St. Louis, Missouri, replied and verified his entitlement to, in addition to those awards already shown on his WD AGO Form 53-55, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Combat Infantryman Badge, the World War II Victory Medal, the Good Conduct Medal, and the American Campaign Medal.

15.  On 28 December 1989, the applicant wrote to The Chief of Military History and The Center of Military History inquiring about the campaign credit to which his unit was entitled for its participating in World War II.

16.  On 9 January 1990, The Chief of Military History and The Center of Military History responded to his letter and stated, "The 253d Infantry is entitled to campaign credit for Ardennes-Alsace, Rhineland, and Central Europe, and copies of the general orders for these campaigns are enclosed.  The unit is not entitled to campaign credit for Northern France.  The Northern France campaign took place from July 25 to September 14, 1944. The 253d Infantry, as an element of the 63d Infantry Division, did not reach France until December 1944."

17.  On 16 March 2005, the applicant wrote to the National Personnel Records Center and requested those awards and decorations he believed he was entitled to as a result of his service.

18.  On 16 May 2005, the National Personnel Records Center replied and verified his entitlement to, in addition to those awards already shown on his WD AGO Form 53-55, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Combat Infantryman Badge, the World War II Victory Medal, the Good Conduct Medal, and the American Campaign Medal.

19.  On 8 June 2001, Headquarters, Department of the Army, published General Orders 25, and awarded the applicant's unit the Presidential Unit Citation for extraordinary heroism in action against an armed enemy of the United States for the period 4 April 1945 to 12 April 1945.

20.  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 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 US 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); and h) Gun crewman (864).  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 opinion does note that 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.

21.  AR 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

23.  AR 600-8-22 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.

24.  DA Pamphlet 672-1 shows the applicant's unit was awarded credit for the occupation of Germany during World War II for the period 2 May through 18 September 1945.

25.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, in this case the European-African-Middle Eastern Service Medal.

26.  War Department Technical Manual 12-236, in effect at the time of the applicant's separation, provided guidance and instructions for the preparation of the forms to be given to Soldiers on their separation from active duty.  Chapter 3, of this technical manual, provided guidance on the appropriate form to be prepared for enlisted personnel at the time they were discharged, released from active duty, or retired.  The instructions for the completion of Item 32 (Battles and Campaigns) provided for entry of the names of battles and campaigns as authorized by War Department General Orders.

DISCUSSION AND CONCLUSIONS:

1.  DA Pamphlet 672-1 shows the applicant's unit, Company G, 2nd Battalion, 63rd Infantry Division, was awarded credit for participation in the Ardennes-Alsace, Central Europe, and the Rhineland campaigns of World War II.  The unit was not credited for participation in the Northern France campaign and therefore, no credit accrues to the applicant for this campaign either.  The applicant is therefore entitled to a correction to his WD AGO Form 53-55 by deleting the Northern France campaign from Item 32, of his WD AGO Form 53-55, and replacing this entry with the Ardennes-Alsace campaign.

2.  The evidence shows the applicant was wounded in action in Germany on 8 April 1945.  The applicant held the MOS of a Rifleman, MOS 745, and was assigned to an infantry unit of brigade, regimental or smaller size.  Based on this evidence, the applicant is entitled to award of the Combat Infantryman Badge; and, he is further entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and to have these awards added to his WD AGO Form 53-55.

3.  The evidence show the applicant served in three campaigns of World War II.  He is therefore entitled to award of three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal and to have these stars added to his WD AGO Form 53-55.

4.  The applicant served on active duty, as a member of the Army of the United States, during the qualifying period for award of the World War II Victory Medal.  He is therefore entitled to award of the World War II Victory Medal and to have this award added to his WD AGO Form 53-55.

5.  The evidence shows the applicant served an aggregate period of over one year in the Continental United States during his service on active duty.  He is therefore entitled to award of the American Campaign Medal and to have it added to his WD AGO Form 53-55.

6.  The evidence shows the applicant's unit was awarded credit for the occupation of Germany during World War II at the time the applicant was a member of the unit.  He is therefore entitled to award of the Army of Occupation Medal, with Germany Clasp, and to have this award added to his WD AGO Form 53-55.

7.  The evidence shows the applicant was assigned to a unit at the time it was awarded the Presidential Unit Citation.  He is therefore entitled to award of the Presidential Unit Citation and to have it added to his WD AGO Form 53-55.

BOARD VOTE:

____x___  ___x____  ___x____  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:

	a.  deleting the Northern France campaign from Item 32, of the applicant's WD AGO Form 53-55, and adding the Ardennes-Alsace campaign in its place;

	b.  awarding the applicant three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal, and adding these stars to his WD AGO Form 53-55;

	c.  awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge, and adding these awards to the applicant's WD AGO Form 53-55;

	d.  awarding the applicant the World War II Victory Medal, the American Campaign Medal, and the Army of Occupation Medal, with Germany Clasp, and adding these awards to his WD AGO Form 53-55; and 

	e.  awarding the applicant the Presidential Unit Citation and adding this unit award to his WD AGO Form 53-55




       _    ___x____   ___
       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)                                         AR20080002394





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ABCMR Record of Proceedings (cont)                                         AR20080002394



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