IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090006911 


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, that his marksmanship qualification badge be added to his records.

2.  The applicant states he qualified with the M-1 rifle during basic training.

3.  The applicant provides in support of his application:

   a.  a letter written to the Board, dated 10 April 2009;
   
   b.  a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation -  Honorable Discharge);
   
   c.  a copy of a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty); and
   
   d.  two photographs showing him in uniform with an Expert Marksmanship Qualification Badge on his left breast pocket.  The pictures include a newspaper clipping stating he had qualified as a “sharpshooter.”

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 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 records show he was born on 15 September 1919 and was inducted into the Army of the United States on 21 August 1944 at Fort Sheridan, IL.  The records also show:

	a.  he served in the European Theater of Operations and participated in the Rhineland and Central Europe Campaigns;

	b.  he was awarded the Good Conduct Ribbon [Medal], European-African-Middle Eastern Theater [Campaign] Ribbon [Medal] with two bronze campaign stars, Purple Heart, Combat Infantryman Badge, Army of Occupation Medal with Germany Clasp, World War Two Victory Medal and the Honorable Service Lapel Button; and

	c.  he was wounded in Germany on 9 April 1945, transferred back to the United States, and honorably discharged with a Certificate of Disability Discharge on 5 October 1945 at Fort Custer (MI) Percy Jones Hospital.

4.  The photographic evidence provided by the applicant shows him wearing the Expert Marksmanship Qualification Badge with one weapons bar.

5.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which a Soldier has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the Soldier has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  Soldiers will wear the basic badge which indicates the qualification last attained with the respective weapon.
6.  Army Regulation 600-8-22 also 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, that his records be corrected to show he was awarded a marksmanship qualification badge.

2.  The applicant is a World War II veteran.  He fought in Europe during two campaigns and he was awarded the Combat Infantryman Badge, wounded in action on 9 April 1945, and ultimately honorably separated on a Certificate of Disability for Discharge.

3.  The applicant’s records are not available.  Those records that are available do not show orders for a marksmanship qualification badge.  However, he provides two photos of himself clearly wearing the Expert Marksmanship Qualification Badge with Bar, which he states is a Rifle Bar.  The hometown newspaper provided that he was a “sharpshooter.”

4.  The applicant is an American hero, a member of the “Greatest Generation” who stepped forward and proudly served during a dark period in our Nation’s and the world’s history.  He was awarded a Combat Infantryman Badge and a Purple Heart.  He was wounded severely enough to be transferred back to the United States and ultimately discharged for disability.  His evidence is accepted as proof of his entitlement to the requested correction and, since he would have qualified with the M-1 Garand Rifle, the standard infantry weapon during World War II, his records should reflect the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant is also entitled to the Bronze Star Medal as a conversion award for his award of the Combat Infantryman Badge.  This should also be added to his records.


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 him the Bronze Star Medal; and

	b.  adding the Bronze Star Medal and the Expert Marksmanship Qualification Badge with Rifle Bar to his WD AGO Form 53-55.




      _______ _   _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)                                         AR20090006911



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006911



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1