IN THE CASE OF:	  

		BOARD DATE:	  	  22JULY 2008

		DOCKET NUMBER:  AR20080007956 


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 his report of separation (WD AGO Form 53-55) be corrected to reflect the two noncommissioned officer (NCO) courses he attended, all of his campaigns and battles, his awards of the Expert Infantryman Badge (EIB) and the Combat Infantryman Badge (CIB), and his participation in the North Appennies campaign. 

2.  The applicant states, in effect, that his WD AGO Form 53-55 does not reflect his attendance at two NCO courses or his participation in the Rome Arno and Appenies campaigns.  Additionally, it does not reflect his awards of the EIB and CIB.  He goes on to state that he was awarded the CIB on the battlefield immediately after his unit’s victory at Riva Ridge with the 86th Infantry Regiment, 10th Mountain Division.  He goes on to state that he should have received two bronze service stars on his European-African-Middle Eastern (EAME) Campaign Ribbon and he is attempting to be awarded the meritorious Bronze Star Medal for his award of the CIB. 

3.  The applicant provides a copy of his WD AGO Form 53-55.

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 basis 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 applicant was born on 23 July 1923 and was inducted in Albany, New York on 5 February 1943.  He was assigned to the 86th Mountain Infantry Regiment, 10th Mountain Division and completed his training as an automatic rifleman at Camp Hale, Colorado and was transferred to Camp Swift, Texas for additional training before departing by train with his unit to Camp Patrick, Henry, Virginia.  On 10 December 1944, he departed Hampton Roads, Virginia with his unit on the SS Argentina to the Mediterranean Theater of Operations (MTO).  He arrived in Naples, Italy on 23 December 1944.

4.  His records show that he participated in the Rome Arno campaign, that he was wounded in the MTO on 27 December 1944 and that he was awarded the Purple Heart on 21 March 1945.  

5.  He departed the MTO on 16 April 1946 and was transferred to Fort Dix, New Jersey, where he was honorably discharged in the rank of private first class (PFC) on 26 May 1946.  He had served 3 years, 3 months and 22 days of service of which 1 year, 2 months and 13 days were spent overseas.  He was awarded the American Campaign Medal, the EAME Campaign Medal, the Purple Heart and the World War II Victory Medal.

6.  There is no evidence in the available records to show that he was awarded the EIB or the CIB or that he participated in more than one campaign during WWII.  Additionally, there is no evidence to document his attendance at NCO schools and there were no provisions to enter such training on the WD AGO Form 53-55.  

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.  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.  The Military Awards Branch of the U.S. 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)
    h.  Gun crewman (864)
 
9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards, in pertinent part, paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.  Orders must be published to award the EIB.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

12.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register-WWII Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  The pamphlet indicates that the applicant’s unit participated in the Rome Arno, North Appennies and PO Valley Campaigns and was awarded occupation credit for Germany.
     
DISCUSSION AND CONCLUSIONS:

1.  The applicant has failed to show through the evidence submitted with his  application and the evidence of record that he was awarded the EIB or that he attended two NCO schools that should have been entered on his separation document.  Therefore, in the absence of such evidence, there appears to be no basis to do so at this time. 

2.  However, given the fact that the applicant was an infantryman assigned to an infantry unit at the time he was wounded on 27 December 1944, it is reasonable to presume that he was awarded the CIB as he contends and that the absence of the CIB on his records was the result of administrative oversight at the time.  Accordingly, his award of the CIB should be entered on his records at this time.  

3.  Accordingly, inasmuch as he was awarded the CIB, he is also entitled to be awarded the BSM for meritorious service during WWII as a result of his being awarded the CIB.  Therefore, he should be awarded the BSM for meritorious service during WWII while serving in the rank of PFC. 

4.  Additionally, the applicant is also entitled to be awarded the AOM with Germany clasp and three bronze service stars for wear on his EAME Campaign Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 showing that he was awarded the CIB and by awarding him the BSM for meritorious service during WWII while serving in the rank of PFC and by awarding him the AOM with Germany clasp and three bronze service stars for wear on his already awarded EAME Campaign Ribbon. 

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 adding the award of the EIB and his attendance at NCO schools to his records.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during WWII are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      ___        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)                                         AR20080007956





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ABCMR Record of Proceedings (cont)                                         AR20080007956



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