IN THE CASE OF:	

		BOARD DATE:	  16 April 2009

		DOCKET NUMBER:  AR20090001344 


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 award of the Combat Infantryman Badge (CIB) and Bronze Star Medal (BSM).  

2.  The applicant states, in effect, that he was an infantryman and that he served in World War II during the Bulge, Colmar Pocket, and Ardennes campaigns with F Company, 290th Battalion, 75th Infantry Division.  He further states that there is an error on his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) which shows he was awarded the World War I Victory Medal instead of the World War II Victory Medal.

3.  The applicant provides copies of his WD AGO 53-55, WD AGO Form 100 (Separation Qualification Record), honorable discharge certificate, Good Conduct Medal award certificate, and a self-authored statement.

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 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 are sufficient documents for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55 with a separation date of 18 June 1946.

3.  The available record shows the applicant was inducted and entered active duty on 24 July 1944.  The applicant arrived in the European-African-Middle Eastern Theater of Operations on 15 January 1945 and participated in the following campaigns:  Northern Apennines (10 September 1944 to 4 April 1945); Rhineland (15 September 1944 to 21 March 1945); and Central Europe (22 March to 11 May 1945).  This same record shows he departed the European Theater of Operations on 5 June 1946.  

4.  Item 6 (Organization) of the applicant's WD AGO Form 53-55 shows that he was assigned to 531st Quartermaster Group.  A complete record of the units to which the applicant was assigned and the dates of his assignments was not available for the Board to review.  

5.  On 18 June 1946, the applicant was released from active duty for the convenience of the government due to demobilization of forces.  He had completed 1 year, 10 months, and 25 days of active service that was characterized as honorable.

6.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form 
53-55 does not show award of the CIB. 

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the entries "European-African-Middle Eastern Theater Ribbon, the Army Good Conduct Medal, and the World War I Victory Medal."  Item 33 does not show award of the CIB or BSM. 

8.  Item 4 (Arm or Service) of the applicant's WD AGO Form 53-55 shows the entry QMC (Quartermaster Corps).  Item 30 (Military Occupational Specialty and No.) has Supply Clerk 835 entered.

9.  The applicant's personal statement dated 30 December 2008 stated, in effect, that he is an honorably discharged World War II combat veteran who served with 75th Infantry Division during the Bulge, Colmar Pocket, and Ardennes campaigns in the European Theater of Operations.  He stated he did not receive the CIB and BSM that he justly deserves.  He further stated that his WD AGO Form 53-55 incorrectly awarded him the World War I Victory Medal.  

10.  The applicant provided a copy of his WD AGO Form 100 which shows that he was assigned military occupational specialties 521 (Infantry, Basic) for 4 months, 745 (Rifleman) for 14 months, 056 (Mail Clerk) for 1 month, and 835 (Supply Clerk) for 4 months.  Item 13 (Summary of Military Occupations) shows he was a Supply Clerk for 4 months for the 531st Quartermaster Group in the European Theater. 

11.  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:  Light machine gunner (604); Heavy Machine Gunner (605); Platoon Sergeant (651); Squad Leader (653); Rifleman (745); Automatic Rifleman (746); Heavy Weapons NCO (812); Gun Crewman (864).

12.  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.
13.  Army Regulation 600-8-22 (Military Awards) 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, with both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the CIB and BSM for his honorable service in the European Theater of Operations while assigned to 75th Infantry Division.  He further contends his WD AGO Form 53-55 incorrectly shows award of the World War I Victory Medal.  He contends he served in World War II and should receive the World War II Victory Medal. 

2.  The applicant's WD AGO Form 53-55 shows that his MOS was 835 (Supply Clerk) and that his branch was Quartermaster Corps at the time of his discharge. This same form shows he served in three campaigns in the European-African-Middle Eastern Theater of Operations from 15 January 1945 to 5 June 1946.  The applicant's WD AGO Form 100 shows he served as an infantryman (basic) for 4 months and as a rifleman for 14 months.   Due to the fire at the National Personnel Records Center in 1973, the applicant's units of assignment are not available to the Board for its consideration.

3.  However, the preponderance of evidence shows that the applicant participated in three campaigns in the European-African-Middle Easter Theater of Operations and that he was an infantryman and rifleman for 18 months prior to assuming duties as a supply clerk in 531st Quartermaster Group.  Any reasonable doubt should be resolved in his favor as to his eligibility for award of the CIB.

4.  As the preponderance of the evidence is accepted as sufficient to show he is eligible for award of the CIB, he is now entitled to award of the BSM in accordance with AR 600-8-22.

5.  Furthermore, it is obvious an error was made when the World War I Victory Medal was entered on the applicant's WD AGO Form 53-55.  The correct entry was the World War II Victory Medal.  As such, it would be appropriate to now correct the applicant's records as recommended below. 







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 showing he was awarded the Combat Infantryman Badge, the Bronze Star Medal, and the World War II Victory Medal.  The Board further recommends removal of the erroneously awarded World War I Victory Medal from the applicant's record.





      _______ _ 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)                                         AR20090001344





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ABCMR Record of Proceedings (cont)                                         AR20090001344



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