IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080010122 


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, correction of his records to show award of the Bronze Star Medal, American Campaign Medal, and World War II Victory Medal.

2.  The applicant states, in effect, that he was injured in battle in Offwiller, France during World War II and the only awards that are recorded on his discharge document are the Purple Heart and European-African-Middle Eastern Campaign Medal.  He adds that he is a World War II veteran and believes he is due the above awards.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Army of the United States Honorable Discharge), with an effective date of 29 September 1945; DA Form 1577 (Authorization for Issuance of Awards), dated 31 May 1985; and information on the American Campaign Medal and World War II Victory Medal printed from GRUNT website at:  http://www.gruntsmilitary.com.

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 service 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’s available military service records contain a WD AGO Form
53-55 (Army of the United States Honorable Discharge), with an effective date of 29 September 1945.  This document shows that the applicant was inducted into the Army on 20 February 1943 and entered active duty on 27 February 1943. Item 6 (Organization) shows he was assigned to Company I, 157th Infantry,
45th Division.  Item 30 (Military Occupational Specialty [MOS] and Number) shows he was awarded MOS 745 (Rifleman).  Item 31 (Military Qualification and Date) contains the entry “None.”  Item 32 (Battles and Campaigns) shows he participated in the Rhineland campaign and Item 33 (Decorations and Citations) shows he was awarded the Purple Heart and European-African-Middle Eastern Campaign Medal with 1 bronze service star.  Item 34 (Wounds Received in Action) shows he was wounded on 28 November 1944 at Offwiller, France.  Item 36 (Service Outside Continental U.S. and Return) shows that the applicant departed for the European Theater of Operations (ETO) on 26 July 1944, arrived in the ETO on 12 August 1944, departed the ETO on 13 February 1945, and arrived in the continental U.S. on 19 February 1945.  This document also shows that the applicant completed 2 years, 0 months, and 16 days of continental service; 0 years, 6 months, and 24 days of foreign service; and 2 years, 
7 months, and 10 days longevity for pay purposes.  This document further shows the applicant was honorably discharged on 29 September 1945, per a Certificate of Disability for Discharge issued under the authority of Army Regulation 615-361 and 1st Endorsement, Headquarters, Wakeman Convalescent Hospital, Camp Atterbury, Indiana, dated 26 September 1945.

4.  The applicant’s available military service records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 31 May 1985.  This document shows that, in response to the applicant’s letter pertaining to his request for the Combat Infantryman Badge, officials at Headquarters, Department of the Army, Reserve Component Personnel Administration Center, St. Louis, Missouri, authorized issuance of the Combat Infantryman Badge and Bronze Star Medal to the applicant.  The Remarks section of the DD Form 1577 states “[t]he Bronze Star Medal is based on the award of the Combat Infantryman Badge.  An appropriately inscribed certificate is enclosed.”  The DA Form 1577 also shows that the awards were authorized under the signature block of Robert J. Q______, Lieutenant Colonel (Promotable), Assistant Adjutant General, U.S. Army.

5.  The applicant’s available military service records are absent orders awarding the applicant the Combat Infantryman Badge or Bronze Star Medal.  In addition, there is no evidence that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued to correct the applicant’s WD AGO Form 53-55 adding the Combat Infantryman Badge and Bronze Star Medal.

6.  In support of his application, the applicant provides the following documents.

     a.  WD AGO Form 53-55, with an effective date of 29 September 1945, and DA Form 1577, dated 31 May 1985.  These 2 documents were previously introduced and considered in this Record of Proceedings.

     b. Information on the American Campaign Medal and World War II Victory Medal printed from GRUNT website at: http://www.gruntsmilitary.com.  These documents provide a description of the medals and ribbons, along with the background and criteria for award.

7.  A review of the applicant’s available records reveals that he may be entitled to an additional award that is not shown on his WD AGO Form 53-55.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on 1 year of qualifying service provided that service occurred between 7 December 1941 and 2 March 1946.

9.  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).

10.  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.

11.  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 1 year.

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.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.


DISCUSSION AND CONCLUSIONS:
1.  The applicant contends, in effect, that his records should be corrected to show he was awarded the Bronze Star Medal.  He also contends that his service during World War II satisfied the criteria for award of the American Campaign Medal and World War II Victory Medal and he believes that these awards should also be added to his discharge document.

2.  The evidence of record shows that the Lieutenant Colonel (Promotable) serving as Assistant Adjutant General at Headquarters, Department of the Army, Reserve Component Personnel Administration Center, St. Louis, Missouri, notified the applicant that he had verified his award of the Combat Infantryman Badge and he also authorized award of the Bronze Star Medal to the applicant based on his award of the Combat Infantryman Badge.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal.  In addition, it would also be appropriate to add the Combat Infantryman Badge to the applicant’s discharge document.

3.  The evidence of record shows the applicant served honorably on active duty in the Army of the United States from 27 February 1943 through 29 September 1945 and that this period of active duty service equates to 2 years, 7 months, and 3 days.  Thus, the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

4.  The evidence of record shows that the applicant served within the continental United States from 27 February 1943 to 26 July 1944 and from 19 February 1945 to 29 September 1945.  The evidence of record also shows that this period of active duty service in the continental United States equates to 2 years, 0 months, and 16 days.  Thus, the evidence of record supports the applicant’s claim that he served an aggregate period of at least 1 year within the continental United States.  Therefore, it would be appropriate to correct his records to show award of the American Campaign Medal.

5.  The evidence of record shows that the applicant’s service qualifies him for award of the World War II Victory Medal.  Therefore, it would be appropriate to correct the applicant’s records to show this service medal.


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 applicant the Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat during the period 12 August 1944 to
12 February 1945;

     b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 27 February 1943 to 29 September 1945; and

     c.  correcting the applicant’s WD AGO Form 53-55 by:

       (1)  deleting from Item 31 the entry “None”;

       (2)  adding to Item 31 the “Combat Infantryman Badge”; and

       (3)  adding to Item 33 the “Bronze Star Medal, Good Conduct Medal, American Campaign Medal, and World War II Victory Medal.”




      _______ _   _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)                                         AR20080010122



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ABCMR Record of Proceedings (cont)                                         AR20080010122



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