IN THE CASE OF:	

		BOARD DATE:	27 August 2009  

		DOCKET NUMBER:  AR20090005120 


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 he be awarded all medals to which he is entitled and that he be cited for bravery for capturing four German soldiers.

2.  The applicant states he served with the 3rd Battalion, 66th Infantry Regiment, 71st Infantry Division during World War II.  In March 1945, he was on guard duty at 0430 hours with orders not to let any German soldiers cross a bridge.  Four armed German soldiers came walking up the creek bank.  The applicant singlehandedly captured the Germans and marched them to Headquarters, then returned to his guard post.  He was later congratulated by the commander, a lieutenant.

3.  The applicant provides his WD AGO Form 53-55.

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, this case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55.

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the AUS (Army of the United States) on 29 September 1942 and entered into active duty on 13 October 1942.  The applicant trained for combat from October 1942 through December 1944.  On 26 January 1945 [his WD AGO Form 53-55 erroneously reflects 26 January 1943], he departed the United States en route to the European-African-Middle Eastern Theater (EAMET).

4.  The applicant arrived in the EAMET on 7 February 1945 and saw action with the 66th Infantry Regiment, 71st Infantry Division.  He participated in the Rhineland and Central Europe Campaigns and was awarded the Combat Infantryman Badge by General Orders Number 14, Headquarters, 66th Infantry Regiment, dated 8 May 1945.

5.  The applicant departed the EAMET on 17 December 1945 and arrived back in the United States on 29 December 1945.  He was honorably discharged on 5 January 1946 after serving 3 years, 3 months, and 7 days on active duty, of which 2 years, 4 months, and 3 days was Continental service and 11 months, and 4 days was foreign service.  His WD AGO Form 53-55 lists the Good Conduct Medal as his only decoration, and the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) as his awarded badges.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Bronze Star Medal (BSM) 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 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.

	b.  The American Campaign Medal (ACM) is awarded for aggregate service of one year within the Continental United States during the qualifying period between 7 December 1941 and 2 March 1946.

	c.  The European-African-Middle Eastern (EAME) Campaign Medal is authorized for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

	d.  The World War II Victory Medal (WWII Victory Medal) is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that the 66th Infantry Regiment, 71st Infantry Division was awarded the Army of Occupation Medal with Germany Clasp for the period 5 July 1945 through 27 December 1945.

8.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests all awards and decorations to which he is entitled and a medal for bravery in capturing four armed German soldiers.

2.  Regarding a medal for bravery, there are no other records available to shed light on the applicant’s valuable service during World War II.  The applicant’s recounting of his capture of four armed German soldiers demonstrates his devotion to duty and his ability to perform that duty under hazardous conditions.  However, the awarding of personal decorations for bravery requires that formal recommendations be made, and that such recommendations be processed through the chain of command for final approval.  As with all personal decorations, announcement in orders is required.  Unfortunately, there is insufficient evidence to permit awarding the applicant a medal for bravery and now, almost 70 years after the event, it would be nearly impossible to assemble the necessary documentation (eyewitness testimony, historical records, etc.).  However while the available evidence is insufficient for awarding the applicant a a decoration for bravery, this in no way affects his right to pursue his claim by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant served honorably and well during World War II.  He is a combat veteran, having earned the coveted Combat Infantryman Badge.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to insure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  However, no other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war, and no other branch of the service suffers more casualties than the Infantry; therefore, War Department Circular 269-1943 established the Combat Infantryman Badge to recognize and provide an incentive to infantrymen.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.  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.

4.  The applicant’s WD AGO Form 53-55 reflects his coveted Combat Infantryman Badge, but it does not show all of the awards and decorations to which he is entitled by virtue of his outstanding service.  His WD AGO Form 53-55 should be corrected to show award of the Bronze Star Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, World War II Victory Medal, and Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding and issuing to him the Bronze Star Medal (based on award of the Combat Infantryman Badge), the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp; and
	
	b.  amending his WD AGO Form 53-55 to add the Bronze Star Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, the World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him a medal for bravery in capturing four armed Germans.




      _______ _   __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)                                         AR20090005120





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ABCMR Record of Proceedings (cont)                                         AR20090005120



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