IN THE CASE OF:	  

		BOARD DATE:	       21 January 2009

		DOCKET NUMBER:  AR20080010074 


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 that his records be corrected to show award of the Combat Infantryman Badge.

2.  The applicant states he served as an infantryman with Company B, 313th Infantry Regiment, 79th Infantry Division from 11 September 1944 through 29 January 1946.  He was wounded in combat, receiving the Purple Heart.  He also received the Bronze Star Medal for action against enemy ground forces.  He is entitled to the Combat Infantryman Badge.

3.  The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and Headquarters 79th Infantry Division General Orders Number 172.

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.  It is believed that the applicant’s Army enlisted World War II (WW II) military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records that consist primarily of his commissioned Army and Air Force records and is sufficient to allow the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted and entered active duty on 27 February 1943.  He was honorably discharged as a sergeant on 15 February 1946.

4.  The 15 February 1946 WD AGO Form 53-55 shows he served in the European Theater of Operations with Company B, 313th Infantry Regiment, 79th Infantry Division from 11 September 1944 through 29 January 1946.  It lists the applicant’s awards as the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the American Service Medal (now known as the American Campaign Medal), the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Honorable Service Lapel Button.

5.  The applicant’s Final Payment - Work Sheet shows the applicant was in receipt of Combat Infantry Pay.

6.  Headquarters, 79th Infantry Division General Orders Number 172 awarded the applicant the Bronze Star Medal for heroic achievement in ground Combat.

7.  The applicant had a break in service from 1 July 1949 through 21 September 1951.  He was commissioned a U. S Army Reserve communications officer on 22 September 1951.  He served in this capacity until 23 February 1961 when he transferred to the United States Air Force as a member of the Judge Advocate General’s Corps.  He retired from the Air Force as a lieutenant colonel on 16 March 1974 having served on active duty during WWII, Korea, and Vietnam.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during the period the applicant was assigned to the 313th Infantry Regiment his unit was credited with participation in five campaigns including the amphibious assault landing during the Normandy campaign from 6 June 1944 through 24 July 1944.  It further shows that this unit received credit for occupation duty in Germany and was awarded a Distinguished Unit Citation (redesignated the Presidential Unit Citation in 1966), two Meritorious Unit Citations (now known as the Meritorious Unit Commendation), and the French Fourragere.

9.  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.  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.

10.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy;

	b.  additionally, 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.  An oak leaf cluster denotes the second and succeeding awards of the Bronze Star Medal;

	c.  the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  For the Germany clasp, service must have been between 9 May 1945 and 5 May 1955;

	d.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars;
	e.  the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with award of the Army Commendation Medal, the Air Medal and the Bronze Star Medal; and

	f.  a bronze arrowhead is authorized for wear on the appropriate campaign or service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was in receipt of Combat Infantry Pay and he received the Bronze Star Medal for valor during WW II.  This establishes a basis for award of the Combat Infantryman Badge.  His WD AGO Form 53-55 should be corrected to show these awards.

2.  Given the applicant is authorized award of the Combat Infantryman Badge for service during WW II, he is also authorized award of a second Bronze Star Medal based on award of the Combat Infantryman Badge during WW II.

3.  The unit to which the applicant was assigned during WW II participated in five campaigns and an assault landing, was awarded the Presidential Unit Citation, two Meritorious Unit Commendations, and the French Fourragere.  These awards should be reflected on his WD AGO Form 53-55.

4.  He received credit for occupation duty in Germany and he is authorized the Army of Occupation Medal with Germany clasp.  He is also authorized to wear one silver service star and a bronze arrowhead on his European-African-Middle Eastern Campaign Medal.  

5.  Therefore, the applicant’s 15 February 1946 WD AGO Form 53-55 should be corrected to show that his authorized awards include the Bronze Star Medal with one Bronze Oak Leaf Cluster and “V” Device, the Purple Heart, the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and bronze arrowhead, the Army of Occupation Medal with Germany clasp, the World War II Victory Medal, the Presidential Unit Citation, two Meritorious Unit Commendations, the French Fourragere, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Honorable Service Lapel Button.  

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 awards that are currently shown on his WD AGO Form 53-55, issued on 15 February 1946; and 

	b.  adding the Bronze Star Medal with Bronze Oak Leaf Cluster and “V” Device, the Purple Heart, the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and bronze arrowhead, the Army of Occupation Medal with Germany clasp, the World War II Victory Medal, the Presidential Unit Citation, two Meritorious Unit Commendations, the French Fourragere, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Honorable Service Lapel Button.  




      _______ _   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)                                         AR20080010074



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ABCMR Record of Proceedings (cont)                                         AR20080010074



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