IN THE CASE OF:	  

		BOARD DATE:	  16 September 2008

		DOCKET NUMBER:  AR20080008971 


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 the discharge document of her deceased grandfather, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that she believes that her grandfather is eligible for the Combat Infantryman Badge (CIB) and henceforth the Bronze Star Medal (BSM).  The FSM was awarded the Purple Heart for wounds received on 30 November 1943, while serving with Company C, 3rd Ranger Battalion.  He was wounded in battle under hostile enemy fire behind enemy lines near the Village of San Pietro, Italy; this is noted on his discharge paperwork.  However, the CIB was not added to the awards section on his service record.  He clearly has all the eligibility requirements.

3.  The applicant provides a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a copy of the FSM’s Purple Heart orders, and a copy of the applicant’s Certificate of Birth, dated 
10 December 1950; and a copy of the State of Michigan, Department of Community Health, Certificate of Death, dated 12 March 2003.







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 the FSM'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 FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 17 February 1943 and entered active duty on 24 February 1943, and served in the Infantry Branch.

4.  The available evidence show the applicant was injured on 30 November 1943 and on 1 December 1943, he was admitted to a military hospital for a penetrating wound to right thigh with traumatic severance femoral artery.  He also received a wound to the left hand and abrasions to right hand and left elbow.  The FSM’s name is listed as battle casualty on the U.S Army SGO Hospitalization File listing, 1943 (Battle Causality).  The hospital admission card that was created by the Surgeon General’s Office, Department of the Army, for information for the year 1943, also confirms the FSM was a battle causality and that the injury was caused by shell fragment from a shell explosion.  Gangrene caused the FSM to lose his entire right foot.  In December 1943, the applicant was awarded the Purple Heart.  However, the Purple Heart is not listed on his WD AGO.






5.  The FSM’s WD AGO Form 53-55 shows that he was assigned to Headquarters Company C, 3rd Ranger Battalion, and served in the European-African-Middle Eastern Theater of Operations from 14 September 1943 to 
29 March 1944.  Item 30 (Military Occupational Specialty and Number) of the 
FSM's WD AGO Form 53-55 contains the entry "Rifleman 745."  Item 32 (Battles and Campaigns) shows he participated in the Naples-Foggia Campaign.  Item 33 (Decorations and Citations) shows that the FSM was awarded the European African Middle Eastern Campaign Ribbon.  Item 33 shows that the FSM’s WD AGO should include the Purple Heart and Item 34 (Wounds Received) shows (NONE) but should read 30 Nov 43, Italy, this was signed by The Adjutant General.  The FSM’s WD AGO Form 53-55 also shows that he was honorably discharged with a certificate of disability on 15 March 1945 after completing a total of 1 year, 6 months, and 2 days of active military service.  

6.  There is no evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge or the Bronze Star Medal.

7.  A review of the FSM's military service records reveal that he may be entitled to additional awards that are not shown on the WD AGO Form 53-55.

8.  War Department Circular, Number 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 Number 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.  In addition, the Military Awards Branch, U.S. Army Human Resources Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted Soldiers 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).

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on awarding the CIB.  It states, in pertinent part, that there are basically three requirements for the CIB.  The Soldier must hold an infantry MOS, must serve with an infantry unit of brigade, regimental, or smaller size, and must be personally present and participate with his unit while it is engaged in active ground combat with the enemy.  Combat service, battle, or campaign participation alone does not support award of the CIB.  

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.  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.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the FSM’s discharge document should be corrected to show he was awarded the Bronze Star Medal and the Combat Infantryman Badge were carefully considered and found to have merit. 

2.  In order to support award of the CIB, a member must not only have been serving in a qualifying infantry unit, but also must have held and been serving in an infantry MOS, and must be personally present and participate with his unit while it is engaged in active ground combat with the enemy.  In this case, the FSM served in a qualifying infantry unit, held and served in MOS 745 Rifleman and he was also awarded the Purple Heart for wounds sustained as a result of hostile action on 30 November 1943.  Therefore, the evidence of record shows that the FSM qualified for award of the Combat Infantryman Badge on 30 November 1943 based on his exemplary conduct in ground combat against the enemy during World War II.  




3.  The evidence of record shows that an award of the Combat Infantryman 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 the Combat Infantryman Badge for service during World War II.  Therefore, it would be appropriate to correct the FSM’s discharge document to show award of the Bronze Star Medal for meritorious achievement in ground combat during World War II.

4.  The evidence of record shows that the FSM was wounded in action in the European-African-Middle Eastern Theater of Operations on 30 November 1943.  The FSM was awarded the Purple Heart but it is not reflected on his discharge document.  Therefore, his WD AGO Form 53-55 should be corrected to show the award of the Purple Heart.

5.  The evidence of record shows that the FSM's service qualifies him for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

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.  awarding the FSM the Combat Infantryman Badge for meritorious achievement for exemplary conduct in ground combat during the period 
8 October 1943 to 29 March 1944 and awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge 29 March 1944;

	b.  adding to Item 33 of his WD AGO Form 53-55 the Purple Heart, the Bronze Star Medal, the Combat Infantryman Badge, and the World War II Victory Medal; and

	c.  adding to Item 34 the entry “30 NOV 43, Italy.”




      _______ _   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)                                         AR20080008971



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ABCMR Record of Proceedings (cont)                                         AR20080008971



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