IN THE CASE OF:	  

	BOARD DATE:	  8 May 2008

	DOCKET NUMBER:  AR20080002790 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  The counsel states requests correction of the applicant's records to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). 

2.  The counsel states, in effect, that the applicant served with 30th Infantry Regiment, 3rd Infantry Division as a rifle platoon leader.  The applicant was wounded on the Anzio Beachhead and was awarded the Purple Heart and the CIB while in the hospital.  Counsel further states that the applicant's records do not show award of the CIB nor BSM in lieu of the CIB.

3.  Counsel provides the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) with the period ending 
19 October 1945 and a WD AGO Form 100 (Separation Qualification Record), dated 19 October 1945.

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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and WD AGO Form 100.

3.  The applicant's WD AGO Form 53-55 with the ending period 19 October 
1945 shows he enlisted in the Regular Army on 2 October 1940.  On 10 June 1943, he departed the United States for duty in the European Theater of Operations.  He arrived in the European Theater of Operations on 21 June 1943. 

4.  The applicant departed the European Theater of Operations on 21 July 
1944.  He was honorably discharged on 19 October 1945.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the European-African-Middle Eastern Campaign Medal, the Purple Heart, the American Defense Service Medal, and the Marksman Marksmanship Qualification Badge (M-1 Rifle).  Item 32 (Battles and Campaigns) shows he participated in the Rome-Arno campaign.  Item 34 (Wounds Received in Action) shows the entry "Anzio Italy 1 Mar 44."

6.  A WD AGO Form 100 shows that the applicant served as a platoon leader of a rifle platoon with the 30th Infantry Regiment, 3rd Infantry Division and that he was awarded the Purple Heart for wounds received in action on the Anzio Beachhead.

7.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge or Bronze Star Medal.

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

9.  Army Regulation 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that, at the time of the applicant's assignment to the 30th Infantry Regiment, 3rd Infantry Division it was awarded campaign credit for the Anzio campaign for the period 22 January 1944 through 24 May 1944.

11.  Army Regulation 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.

12.  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, 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.

13.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.



DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge.  However, the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart for wounds received in action and his WD AGO Form 100 shows that he served as a platoon leader in an infantry unit while he actively participated in combat with enemy forces.  Therefore, it is accepted that the applicant is eligible for award of the Combat Infantryman Badge and therefore the Bronze Star Medal (based on award of the Combat Infantryman Badge). 

2.  The applicant served in a unit that was awarded campaign credit for Anzio for the period 22 January 1944 through 24 May 1944.  Therefore his WD AGO Form 53-55 should be amended to add "Anzio" in item 32.  He is also eligible for two bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal.  His WD AGO Form 53-55 should be amended to add these awards.

3.  The applicant met the eligibility criteria for award of the World War II Victory Medal and the American Campaign Medal.  His WD AGO Form 53-55 should be amended to add these awards.

BOARD VOTE:

___XX__  __XX  ___  __XX___   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.  awarding him the Combat Infantryman Badge and the Bronze Star Medal (based on award of the Combat Infantryman Badge); and
	
	b.  amending his WD AGO Form 53-55 to add the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II Victory Medal, the American Campaign Medal, and two bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.




       _      XX          ___
       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)                                         AR20080002790



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080002790


5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1