IN THE CASE OF:	

		BOARD DATE:	  18 September 2008

		DOCKET NUMBER:  AR20080005919 


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 Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), all other awards to which he may be entitled be added to the record of her deceased husband, a former service member (FSM).   

2.  The applicant states, in effect, that some awards were omitted fro m the FSM’s record.

3.  The applicant provides a claim statement (VA Form 21-4138), ABCMR letter, death and marriage certificates, unit award orders, FSM letter, and the FSM's separation document (WD AGO Form 53-55) in support of her application.

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 (NPRC) in 1973.  It is believed his 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.  This case is being considered using reconstructed records, which primarily consist of the FSM's WD AGO Form 53-55 and WD AGO Form 372A (Final Pay Record).

3.  The FSM’S WD AGO Form 53-55, which was issued to him at the time of his separation, shows he was inducted into the Army of the United States on 2 July 1943 and entered active duty on 16 July 1943.  It also confirms he continuously served on active duty for 2 years, 5 months, and 17 days until 18 December 1945, at which time he was honorably separated.  Item 30 (Military Occupational Specialty (MOS) and No.) contains an entry showing he served in MOS 188 (Duty Soldier).  It also shows he served in Iceland from 3 January 1944 to 16 August 1945, and that his organization was Company C, 1276th Engineer Battalion.  It further confirms he participated in the Rhineland and Central Europe campaigns of World War II.  

4.  The WD AGO Form 53-55 further shows, in Item 33 (Decorations and Citations), that the FSM earned the following awards during his active duty tenure:  Army Good Conduct Medal; European-African-Middle Eastern Campaign Medal, World War II Victory Medal, and Lapel Button.  

5.  The FSM’s final pay worksheet, which was prepared during his separation processing, contains no entry in the combat infantry pay block, and there are no available documents in the NPRC file that show he ever held or served in an infantry MOS, or that he was ever recommended for or awarded the CIB during his active duty tenure.  The NPRC file is also void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  

6.  The applicant provides a letter previously written by the FSM, in which he outlines his military history and indicates he served in Iceland, Scotland, England, Normandy, and Germany.  He also detailed his service during the Battle of the Bulge during which he remembers being barraged by artillery fire, four Soldiers being killed by a mortar, which deafened him, a Soldier blowing up himself and two others, and the time he spent in foxholes.  He also outlines other combat-related events he underwent during his service.  


7.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 3-13d (2) of the awards regulation states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between
7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

8.  Paragraph 8-6 of the awards regulation provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB. 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, 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.  

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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.  The Awards Branch, Total Army Personnel Command, has advised that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:  Light machine gunner (604), Heavy machine gunner (605), Platoon sergeant (651), Squad leader (653), Rifleman (745) Automatic rifleman (746), Heavy weapons NCO (812), and Gun crewman (864).

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in WWII.  This document shows that at the time of the FSM’s assignment to 
Company C, 1276th Engineer Battalion, the unit received the Distinguished Unit Citation (currently known as the Presidential Unit Citation), which was announced in War Department General Orders Number 16, dated 5 February 1947; and received occupation credit for Germany during the period 2 May through 5 July 1945 for entitlement to the Army of Occupational Medal with Germany Clasp.




11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that the FSM’s record should be corrected to show his entitlement to the CIB and BSM was carefully considered.  However, there is insufficient evidence to support this claim.  By regulation in order to support award of the CIB, there must be evidence that the member held and served in an infantry MOS, in a qualifying infantry unit of brigade, regimental, or smaller size, and the he was present with the infantry unit while it was engaged in active ground combat with enemy forces; combat service alone does not satisfy this requirement.  Therefore, the FSM is not entitled to award of the CIB or the BSM, based on award of the CIB.

2.  The evidence does show that based on his World War II service with the 1276th Engineer Battalion, the FSM is entitled to the Presidential Unit Citation, which was announced in War Department General Orders Number 16, dated 
5 February 1947, the Army of Occupation Medal with Germany Clasp, and 
2 bronze service stars with his European-African-Middle Eastern Campaign Medal.  Therefore, it would be appropriate to add these awards to his record and separation document at this time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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 Item 33 of the WD AGO Form 53-55 by adding the Presidential Unit Citation, Army of Occupation Medal with Germany Clasp, and 2 bronze service stars to be affixed to the European-African-Middle Eastern Campaign Medal; and by providing the applicant a correction to the separation document that includes these awards.

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 the Combat Infantryman Badge and the Bronze Star Medal.

3.  The applicant and all others concerned should know that the action related to award of the CIB and BSM 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 the FSM's service in arms.



      ________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)                                         AR20080005919



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ABCMR Record of Proceedings (cont)                                         AR20080005919


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