IN THE CASE OF:	

		BOARD DATE:	       19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018410 


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 1946 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to reflect award of the Purple Heart, Bronze Star Medal, and Combat Infantryman Badge.

2.  The applicant states he was never awarded the Purple Heart, and believes he should have been awarded a Bronze Star Medal and a Combat Infantryman Badge.

3.  The applicant provides a copy of his 1946 WD AGO Form 53-55, a National Archives and Records Administration response to a congressional inquiry regarding the applicant’s entitlement to these awards, a copy of his WD AGO Form 100 (Separation Qualification Record), and a copy of an August 1945 unit journal which was furnished to him as part of the congressional response he included with his application to the Board.

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 records are not available 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 to conduct a fair and impartial review of this case.

3.  Documents available to the Board indicate the applicant was inducted and entered active duty on 1 February 1945.  He arrived in the Philippines in September 1945 and subsequently served in Korea with the Military Police Platoon of the 6th Infantry Division.  He returned to the United States in October 1946 and was honorably discharged on 23 November 1946.

4.  His WD AGO Form 100 indicates he completed basic infantry and advanced infantry basic training and then served 4 months as a longshoreman and 7 months as a military policeman.  His WD AGO Form 53-55 notes his military occupational specialty was 677 (military policeman) at the time of his separation.

5.  The applicant’s final payment worksheet does not indicate receipt of combat infantry pay.  Item 34 (wounds received in action) reflects “NONE.”

6.  The unit journal, provided by the applicant, which was furnished to him as part of a National Archives and Records Administration response to a congressional inquiry on his behalf, failed to indicate the applicant had been wounded.  The unit journal, from the 6th Infantry Division, covered the month of August 1945.  The congressional response also noted that a search of the military police battalion, assigned to the 6th Infantry Division was also conducted but failed to produce any information which would have been useful to the applicant regarding entitlement to any awards.

7.  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.  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.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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 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)

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately there is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action.  In the absence of such evidence, there is no basis for an award of the Purple Heart.

2.  Additionally, there is no indication the applicant met eligibility requirements for award of the Combat Infantryman Badge, or that he was recommended for or awarded the Bronze Star Medal.  As such, there is no basis to correct his records to show entitlement to those two elements.



3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms




      _______ _   _______   ___
               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)                                         AR20080018410





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ABCMR Record of Proceedings (cont)                                         AR20080018410



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